Appeal No. 94-1484
Application 07/536,556
Accordingly, claims 2, 4, 5, and 7 through 9 are presented for consideration in this
appeal.
Claim 9 is illustrative of the subject matter on appeal and reads as follows:
9. A method for the preparation of non-glycosylated pro-UK, characterized in
that non-glycosylated human pro-UK is expressed under the control of the E. coli
promoter Ptrp and the Shine-Dalgarno sequence MS-2 by E. coli B wherein the
sequence comprising the Shine-Dalgarno sequence MS-2, the ATG start codon and the
beginning of the pro-UK gene, flanked upstream by a HindIII site and downstream by a
TaqI site is as follows:
HindIII
5N -AGCTTTAATAGACGCCGGCCATTCAAACATGAGGATTACCCATGAGC
3N -AATTATCTGCGGCCGGTAAGTTTGTACTCCTAATGGGTACTCG
TaqI
AATGAACTTCATCAAGTTCCAT-3N
TTACTTGAAGTAGTTCAAGGTAGC-5N
and said HindIII site is downstream of the promoter Ptrp.
2
The references relied upon by the examiner are :
2In addition, the examiner cites a reference to Kane (Kane et al., “Formation of
Recombinant Protein Inclusion Bodies in Escherichia coli, TIBTECH, vol. 6, pp. 95-101
(1988)) at page 2 of the Examiner’s Answer. However, the examiner does not rely
upon Kane in the statement of the rejection. Rather, the examiner cites Kane at page 9
of the Examiner’s Answer “for evidentiary purposes only.” As pointed out by the court
in In re Hoch, 428 F.2d 1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970), “[w]here
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2
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