Appeal No. 95-4700
Application 07/837,668
encodes “at least one epitope of a heterologous organism.” As set forth in claim 1 on
appeal, the second nucleotide sequence is “inserted within the flagellin sequence.” The
fusion protein expressed by the recombinant gene must be “capable of binding to an
antiflagellin antibody.”
Asaka describes a nucleotide sequence denominated as the hag gene which
codes for flagellin of E. coli. See Figure 1 of Asaka. As set forth in the paragraph
bridging columns 2-3 of Asaka:
The present inventors remarked [sic] an excretion
system of flagellin in investigating a system in which a target
peptide is produced outside of a cell. Therefore, the whole
base sequence of hag gene encoding flagellin was
determined and the gene was inserted into a vector and then
the hag gene on the vector was cut or a part of the gag gene
on the vector was removed and into the resulting space is
inserted linker DNA. Into the linker DNA in the vector is
inserted DNA coding for a foreign peptide and the resulting
vector in introduced into bacteria. As a result, the foreign
peptide is excreted from the bacteria as a fused peptide with
flagellin. Under certain condition the excreted peptide forms
flagella, which facilitates the recovery of the peptide.
Moreover, it may be possible that some foreign peptides
which could not be secreted from bacteria by conventional
secretion systems are excreted by this excretion system.
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