Appeal No. 94-1775
Application 07/488,513
16. A yeast cell transformed with a hybrid vector comprising one to four DNA
inserts each comprising a yeast promoter selected from the group consisting of the PHO5
promoter, the GAPDH promoter and a hybrid promoter comprising upstream activation
sequences of the PHO5 gene and downstream promoter elements including a functional
TATA box of the GAPDH gene, a DNA segment consisting of a first DNA sequence
encoding the PHO5 or invertase signal peptide upstream of and in reading frame with a
second DNA sequence coding for mature desulphatohirudin which DNA segment is under
transcriptional control of said yeast promoter, and a DNA sequence containing eukaryotic
transcription termination signals, and a selective gene marker selected from the group
consisting of URA1, URA3, ARG4, LEU2, HIS3, HIS4, TRP5 and TRP1, and mutants
thereof.
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The references relied upon by the examiner are :
Derynck et al. (Derynck) 4,742,003 May 3, 1988
Brake et al. ((Brake) 4,752,576 June 21, 1988
Chang et al. (Chang) 5,010,003 Apr. 23, 1991
Eur. Pat. App.(Kramer) 0 124 874 Nov. 14, 1984
Eur. Pat. App. (Tolstoshev) 0 158 564 Oct. 16, 1985
Eur. Pat. App. (Tripier) 0 158 986 Oct. 23, 1985
Edens et al. (Edens), “Synthesis and Processing of the Plant Protein Thaumatin in Yeast”,
Cell, Vol. 37, pages 629-633 (June 1984).
We make the following patent of record:
Liersch et al. (Liersch) 5,422,249 June 6, 1995
Claims 1, 5 through 16 and 18 stand rejected under 35 U.S.C. § 103 as
unpatentable over Chang in view of any of Brake, Edens, Kramer or Derynck and either of
2Our consideration of the patent documents identified as Tolstoshev and Tripier
has been based upon English language translations of the full text documents. Copies of
the translations are enclosed with this opinion.
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