Appeal No. 1995-2772
Application 08/001,063
Claim 44 is illustrative of the subject matter on appeal and reads as follows:
44. A biotin overproducing recombinant cell transformed with an Escherichia coli
bioH gene, said recombinant cell being capable of producing more biotin than a cell not
transformed with an Escherichia coli bioH gene.
The references relied upon by the examiner are:
Gloeckler et al. (Gloeckler) 5,096,823 Mar. 17, 1992
(effective filing date Sep. 30, 1987)
Fisher 5,110,731 May 5, 1992
(effective filing date Jun. 13, 1990)
Baker et al. (Baker) 5,212,058 May 18, 1993
(effective filing date Nov. 08, 1991)
O'Regan et al. (O'Regan), “Nucleotide sequence of the bioH gene of Escherichia coli,”
Nucleic Acids Research, Vol. 17, No. 19, p. 8004 (1989).
Singer et al. (Singer), “Phage T4 expression vector: protection from proteolysis,”
Gene, Vol. 106 pp. 1-6 (1991).
Eur. Patent Application (Speck) 0 379 428 July 25, 1990
The claims stand rejected as follows:1
I. Claims 57, 58 and 73 stand rejected under 35 U.S.C. § 112, first paragraph,
as being based on a non-enabling disclosure.
1The rejection of claim 79 under 35 U.S.C. § 112, second paragraph, set forth on
page 17 of the Examiner’s Answer (Paper No. 21) was withdrawn on p. 2 of the
Supplemental Examiner’s Answer (Paper No. 29).
2
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