Appeal No. 94-2742
Application 07/792,600
encoding an human polymerase " catalytic polypeptide has been purified and isolated
from its native cellular source. The phrase does not connote any particular degree of
purification or isolation beyond that. Thus, the 5.8 kb mRNA fragment in the Northern blot
analysis of Wong can be considered to have been “purified and isolated.”
Appellants last argument concerning the fact that Wong did not sequence the 5.8 kb
mRNA fragment is irrelevant. That fragment has a defined sequence. As set forth in In re
Donohue, 632 F.2d 123, 125, 207 USPQ 196, 199 (CCPA 1980)(citations omitted), “for a
publication to constitute an anticipation of an invention and, thus, to bar the grant of a
patent under 35 U.S.C. § 102, it must be capable, when taken in conjunction with the
knowledge of those skilled in the art to which it pertains, of placing that invention in the
possession of the public.” Here, appellants have not established that the procedures set
forth in Wong are not reproducible, i.e., one could not obtain the 5.8 kb mRNA identified in
Figure 4.
The anticipation rejection of claim 1 is affirmed.
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