Ex parte CACECI et al. - Page 4




          Appeal No. 94-3056                                                           
          Application 07/812,421                                                       


          Willson et al., “A Simple Method For Constructing Directly                   
          Repeated Multimeric DNA Segments,” Gene Anal. Techn., Vol. 2,                
          pages 77-82 (1985).                                                          
               Claims 32-37 stand rejected under 35 U.S.C.  103 over a                
          combination of all of the above listed references.                           
               We reverse this rejection.                                              
                                      BACKGROUND                                       
               Antifreeze polypeptides are known in the art.  These                    
          polypeptides have been found in fish which live in arctic                    
          waters.  The polypeptides prevent the formation of ice in                    
          their body fluids.  See the specification at page 3, lines 8-                
          22.  The specification describes a specific protein, shown in                
          Figure 4 of the application, which is a variant of an                        
          antifreeze polypeptide found in winter flounder.  The prior                  
          art describes an antifreeze polypeptide found in winter                      
          flounder and its production by bacteria that have been                       
          transformed with DNA which encodes the polypeptide.  See pages               
          3 through 6 of the specification.                                            
                                 Claim Interpretation                                  
               Before turning to the discussion of the prior art, we set               
          forth our interpretation of claims 32-37.                                    


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