Ex Parte Williams et al - Page 2

                Appeal 2007-1159                                                                                 
                Application 09/839,946                                                                           
                U.S.C.  6(b).  Claim 50 is representative of the claims on appeal, and reads                    
                as follows:                                                                                      
                50. An isolated tetrameric mammalian uricase, wherein at least about 90%                         
                of said uricase is in a tetrameric form and less than about 10% of said                          
                uricase is in a non-tetrameric aggregated form.                                                  
                       The Examiner relies on the following references:                                          
                       Conley, “Purification of Uricase From Mammalian Tissue,”                                  
                Preparative Biochemistry, Vol. 9, pp. 197-203 (1979).                                            
                       Conley, “Thermodynamics and Stoicheiometry of the Binding of                              
                Substrate Analogues to Uricase,” Biochem. J., vol. 187, pp. 727-732 (1980).                      
                       Lee, “Generation of cDNA Probes Directed by Amino Acid Sequence:                          
                Cloning of Urate Oxidase,” Science, vol. 239, pp. 1288-1290 (1988).                              
                       We affirm.                                                                                
                                                DISCUSSION                                                       
                       Claims 50-53 stand rejected under 35 U.S.C.  102(b) as being                             
                anticipated by Lee.  As Appellants do not argue the claims separately, claims                    
                51-53 stand or fall with claim 50, and we thus focus our analysis on claim                       
                50.                                                                                              
                       According to the Examiner:                                                                
                             Lee [ ] teach[es] the recombinant production of full                                
                       length amino acid sequence of porcine Urate oxidase (also                                 
                       known as uricase) (see abstract lines 8-10) which is tetrameric                           
                       and is substantially pure.  Mammalian uricase is disclosed as a                           
                       tetramer with subunit size of 32,000 daltons (page 1288,                                  
                       column 2, first paragraph after the abstract).  The reference                             
                       further teaches purification to homogeneity of Porcine and                                
                       murine urate oxidase (see, page 1289, column 2).                                          
                (Answer 5 (emphasis in original).)                                                               


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