BRAKE v. SINGH - Page 8




                Interference 102,728                                                                                                          
                         4.      Brake, inter alia, pointed to the disclosure at p. 3, line 30- p. 4, line 27,                                
                and original claim 5.  Paper No. 15, pp. 6-7 and 9.                                                                           
                         5.      The ‘325 Application (pp. 3-4) states:                                                                       
                                 The constructs of the subject invention will have at least the following                                     
                         formula defining a pro-polypeptide:                                                                                  
                                 ((R)r -(GAXYCX)n -Gene*)y                                                                                    
                         wherein:                                                                                                             
                                 R is CGX or AZZ, the codons coding for lysine and arginine, each of the                                      
                         Rs being the same or different;                                                                                      
                                 r is an integer of from 2 to 4, usually 2 to 3, preferably 2;                                                
                                 X is any of the four nucleotides, T, G, C, or A;                                                             
                                 Y is G or C;                                                                                                 
                                 y is an integer of at least one and usually not more than 10, or usually not                                 
                         more than four, providing for monomers and multimers;                                                                
                                 Z is A or G; and                                                                                             
                                 Gene* is a gene other than "-factor, usually foreign to a yeast host,                                        
                         usually a heterologous gene, desirably a plant or mammalian gene;                                                    
                                 n is 0 or an integer which will generally vary from 1 to 4, usually 2 to 3.                                  
                                 The pro-polypeptide has an N-terminal processing signal for peptidase                                        
                         removal of the amino acids preceding the amino acids coded for by the Gene*.                                         
                                 For the most part, the constructs of the subject invention will have at                                      
                         least the following formula:                                                                                         
                                         L-(R-S-(GAXYCX)n )-Gene*)y                                                                           
                                 defining a pre-pro-polypeptide, wherein all the symbols except L and                                         
                         S have been defined, S having the same definition as R, there being 1R and                                           
                         1S, and L is a leader sequence providing for secretion of the pre-pro-                                               
                         polypeptide. ... [emphasis added].                                                                                   
                                                                      8                                                                       





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