Appeal No. 2006-1569 Page 10
Application No. 10/159,997
expression of exogenous genetic material is limited to certain cell types based on their
splicing environment.” Page 7, lines 6-8.
The examiner has not adequately explained why the claimed process does not
produce a result that is useful, tangible, and concrete, as those terms are defined in the
Interim Guidelines. Because the examiner has the initial burden of showing
unpatentability, see In re Brana, 51 F.3d 1560, 1566, 34 USPQ2d 1436, 1441 (Fed. Cir.
1995), and that burden has not been carried here, we reverse the rejection of claims 1-4
under 35 U.S.C. § 101.
Summary
The examiner has not adequately shown that the claims are unpatentable for
indefiniteness, anticipation, or obviousness, or that they are directed to non-statutory
subject matter. The rejections on appeal are reversed.
REVERSED
Demetra J. Mills )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Eric Grimes )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lora M. Green )
Administrative Patent Judge )
EG/jlb
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