Appeal No. 1997-2509
Application No. 08/230,982
both suggest the claimed subject matter and reveal a reasonable expectation of success
to one reasonably skilled in the art. In re Vaeck, 947 F.2d 488, 493, 20 USPQ2d 1438,
1442 (Fed. Cir. 1991). With this as background, we analyze the prior art applied by the
examiner in the rejection of the claims on appeal.
The examiner relies on Paul for establishing the protein sequence of interleukin 11
(IL-11). The disclosure of Wang is relied on for establishing the various factors which are
known in the art to affect the stability of protein structure and the effect that various amino
acid residues have on protein structure. Answer, page 4. The examiner acknowledges
that the disclosure of Wang is not directed to IL-11 per se. Answer, page 5. Manning is
also relied on for its disclosure of the effect that various amino acids have on protein
structure.
Patel suggests that interferon, GM-CSF and interleukin are stabilized in the
presence of methionine or histidine. GM-CSF is indicated to be stabilized in the presence
of glycine. Patel, column 5, example 4. Singh describes the stabilization of tumor necrosis
factor from aggregation and polymerization in the presence of glycine. Kwan discloses
the addition of glycine and a buffer, such as phosphate buffer, for the stabilization of alpha-
interferon. Kato describes the stabilization of interferon with histidine and buffer salts.
Answer, pages 5 and 6.
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