Appeal No. 2001-2394 Page 2
Application No. 08/437,306
25. An isolated or recombinant DNA comprising a sequence of
nucleotide bases the same or essentially the same as nucleotide
#160 to nucleotide #369 of SEQ ID NO:1.
28. The DNA of Claim 25 wherein the sequence is an allelic variant of
the sequence of SEQ ID NO:1.
29. An isolated or recombinant DNA comprising a sequence of
nucleotide bases the same or essentially the same as nucleotide
#160 to nucleotide #369 of SEQ ID NO: 1 or a fragment thereof,
wherein said fragment specifically hybridizes to the complement of
SEQ ID NO:1.
The examiner relies on the following reference:
Bowie et al. (Bowie), “Deciphering the Message in Protein Sequences:
Tolerance to Amino Acid Substitutions,” Science, Vol. 247, pp. 1306-1310 (1990)
Claims 5-8 and 18-35 stand rejected under 35 U.S.C. § 112, second
paragraph, as indefinite.
Claims 5-8 and 18-35 stand rejected under 35 U.S.C. § 112, first
paragraph, as nonenabled.
We affirm the rejection for indefiniteness and vacate the rejection for
nonenablement.
Background
Cytokines are regulatory proteins that deliver signals between different
types of cells. Specification, page 1. The specification discloses a “human
cytokine . . . termed JE which is elicited in response to platelet-derived growth
factor (PDGF).” Id., page 2. “Because JE expression is activated by PDGF, a
growth factor released by platelets at the site of a wound, JE protein is likely to
be useful directly for treating wounds.” Id., page 4.
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