Appeal No. 94-2742
Application 07/792,600
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1 through
8. Claims 9 through 14 are pending in the application but have been withdrawn from
consideration by the examiner.
Claims 1, 2, and 6 are illustrative of the subject matter on appeal and read as
follows:
1. A purified and isolated nucleic acid sequence encoding a human
polymerase " catalytic polypeptide.
2. A purified and isolated DNA sequence encoding a human polymerase "
catalytic polypeptide, said DNA sequence comprising the DNA sequence set out in Figure
3 (SEQ ID NO:1) and its complementary sequence.
6. A purified and isolated DNA sequence comprising a DNA sequence
encoding a polypeptide having an amino acid sequence sufficiently duplicative of that of
the human polymerase " catalytic polypeptide (SEQ ID NO:31) to allow possession of the
property of processive DNA replication.
The references relied upon by the examiner are:
Smith et al. (Smith) 4,745,051 May 17, 1988
Wong et al. (Wong), “Human DNA polymerase " gene expression is cell proliferation
dependent and its primary structure is similar to both prokaryotic and eukaryotic replicative
DNA polymerases,” The EMBO Journal, vol. 7, no. 1, pp. 37-47 (1988)
2
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