Ex Parte Ayisi - Page 8

                  Appeal No. 2006-1608                                                               Page 8                     
                  Application No. 09/978,593                                                                                    

                  anti-viral testing and/or a method of use of Ocimum gratissimum for inhibiting the                            
                  cytopathic effects of a virus-infected cell.”  Id. at 12.  We agree, and the rejection                        
                  is reversed.                                                                                                  
                                                       CONCLUSION                                                               
                          Because the examiner has failed to set forth a prima facie case of                                    
                  unpatentability, both rejections of record are reversed.                                                      
                                                         REVERSED                                                               


                                         Toni R. Scheiner   )                                                                   
                                         Administrative Patent Judge )                                                          
                                                                               )                                                
                                                                               )                                                
                                                                               ) BOARD OF PATENT                                
                                         Demetra J. Mills   )                                                                   
                                         Administrative Patent Judge )   APPEALS AND                                            
                                                                               )                                                
                                                                               ) INTERFERENCES                                  
                                                                               )                                                
                                         Lora M. Green   )                                                                      
                                         Administrative Patent Judge )                                                          




















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