Appeal No. 2006-3084 Page 2
Application No. 10/673,860
coryneform bacterium, and a nucleic acid sequence encoding a
heterologous protein which is downstream of said nucleic acid
sequence encoding said signal peptide region, [ ]and
B) recovering said heterologous protein,
wherein said bacterium or mutant thereof is able to secrete the
heterologous protein at least 2-fold higher than Corynebacterium
glutamicum ATCC13869 having said genetic expression construct.
No prior art is relied upon by the examiner.
GROUND OF REJECTION
Claims 1, 3, 4, 7, 8, 10 and 11 stand rejected under 35 U.S.C. § 112, first
paragraph, as lacking adequate written descriptive support.
CLAIM CONSTRUCTION
Claim 1 is the only independent claim on appeal and is representative of
the claimed subject matter. Claim 1 is drawn to a method for producing a
heterologous protein. This method comprises two steps: (1) culturing a
Corynebacterium glutamicum AJ12036 (FERM BP-734) bacterium or mutant
thereof; and (2) recovering said heterologous protein. Claim 1 also places three
requirements on the AJ12036 bacterium or mutant thereof. First, the AJ12036
bacterium or mutant thereof has a genetic expression construct comprising a
nucleic acid sequence encoding a signal peptide region from a coryneform
bacterium which is downstream of a promoter sequence which functions in a
coryneform bacterium. Second, the AJ12036 bacterium or mutant thereof has a
nucleic acid sequence encoding a heterologous protein which is downstream of
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