Appeal No. 1997-2372
Application 08/083,945
According to appellants, claims 6, 10, 35 stand or fall together with respect to the
rejection under 35 U.S.C. § 112, first paragraph (Paper No. 24, page 3). Claims 36 and
37 stand alone, with respect to the rejection under 35 U.S.C. § 112, first paragraph (Paper
No. 24, page 3). We affirm the rejection of the claims 6, 10,
35 under 35 U.S.C. § 112, first paragraph. The rejection of claims 36 and 37 is reversed.
Thus, we affirm-in-part.
Claims 6, 36 and 37 are illustrative of the claims on appeal and read as follow:
6. A substantially pure polypeptide comprising an amino acid sequence
showing at least 90% sequence identity to SEQ ID NO. 7, or a fragment thereof.
36. The substantially pure polypeptide of claim 6, comprising the amino acid
sequence of SEQ. ID. No. 7.
37. The substantially pure polypeptide of claim 6 that is capable of binding to
heparin.
The document of record relied upon by the examiner in rejecting the
appealed claims is:
Hill “Immunoaffinity Purification with Monoclonal Antibodies,” Monoclonal Antibodies, pp.
121-136 (1995).
Appellants rely on Exhibits A-K attached to the Reply Brief.
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