Appeal No. 2001-2394 Page 3
Application No. 08/437,306
According to the specification, JE is “characterized by containing the
amino acid sequence from amino acid #30 to amino acid #99 as set forth in [the
specification’s] Table I.” Page 5. Table I is shown on page 17 of the
specification. According to the specification,
[a]llelic variants of the DNA sequence of Table I encoding JE factor
. . . are also included in the present invention as well as analogs or
derivatives thereof. . . . These DNA sequences include those
sequences which hybridize under stringent hybridization conditions
. . . to the DNA sequence of Table I. . . .
DNA sequences which hybridize to the sequence for JE under
relaxed hybridization conditions and which code on expression for
JE peptides having JE biological properties also encode novel JE
polypeptides. . . .
Similarly, DNA sequences which code for JE polypeptides coded
for by the sequence of JE, but which differ in codon sequence due
to the degeneracies of the genetic code or allelic variations
(naturally-occurring base changes in the species population which
may or may not result in an amino acid change) are also
encompassed by this invention. Variations in the DNA sequence of
JE which are caused by point mutations or by induced
modifications to enhance the activity, half-life or production of the
polypeptides encoded thereby are also encompassed in the
invention.
Id., pages 5-7.
Discussion
The claims are directed to DNA encoding JE and JE variants. All of the
claims on appeal read on the DNA sequence of SEQ ID NO:1 and also include
other sequences, as follows:
(a) Claim 1 reads on DNAs having a sequence that is “the same or
essentially the same as SEQ ID NO:1, or a DNA sequence which
specifically hybridizes thereto.” Claims 6-8, 25-27, and 29-35 also
encompass DNAs that are “essentially the same” as various
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