Appeal No. 2001-1842 Page 2
Application No. 08/684,005
Claim 81 is illustrative of the subject matter on appeal and is reproduced
below:
81. A polynucleotide comprising a gene encoding a sucrose synthase
polypeptide that comprises the amino acid sequence of SEQ ID
NO: 2, said gene operably linked to a heterologous promoter that
expresses said gene.
The references relied upon by the examiner are:
Hesse et al. (Hesse) WO 94/28146 Dec. 8, 1994
Christopher C. Bauer (Bauer), Isolation and Characterization of Genes Involved
in Nitrogen Fixation and Heterocyst Cytodifferentiation Anabaena sp. strain PCC
7120 (1994) (unpublished dissertation, University of Chicago)
GROUNDS OF REJECTION
Claims 81, 84, 85, 87-94, 103, 104, 106-110, 116, 119 and 121-125
stands rejected under 35 U.S.C. § 103 as being unpatentable over Bauer.
Claims 82, 83, 95-102, 111-115, 117, 118, 120 and 126-130 stand
rejected under 35 U.S.C. § 103 as being unpatentable over Bauer in view of
Hesse.
We reverse.
DISCUSSION
Bauer:
According to the examiner (Answer, page 4), “Bauer teaches a gene
encoding the Anabaena sp 7120 sucrose synthase gene … vector and
transformed host cells … including this gene.” Bauer, however, “does not insert
the Anabaena sp 7120 sucrose synthase gene into an expression vector under
the control of a heterologous promoter and express the protein encoded
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007