Ex parte CACECI et al. - Page 5

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

               Claims 32-35 commonly recite: “A protein having an amino                
          acid sequence defined by blocks ... of Figure 4.”  The only                  
          variation in these four claims is that a specific segment of                 
          “blocks” from Figure 4 is recited in each one of claims 32-35.               
          The specification refers to the blocks of Figure 4 at page 10,               
          lines 4-16.  The blocks are indicated in Figure 4 by                         
          two-directional arrows.  Blocks 1-8 are contiguous in Figure                 
          4.  We hold that each of claims 32-35 represent a genus of                   
          proteins of undefined length and unspecified activity, but                   
          which must contain the specified amino acids as recited in                   
          Figure 4 with the specified “blocks” in contiguous formation                 
          as they are shown in Figure 4.  While the specification                      
          contemplates adding segments which are 11 amino acids in                     
          length at the PST1 site shown in block 7 of Figure 4, and such               
          an addition would result in a                                                
          non-contiguous association of multiple segments (see the                     
          specification from page 14, line 15, through page 16, line 1),               
          Figure 4 does not depict these variations, and such variations               
          are not “defined by blocks ... of Figure 4.”                                 
               Claim 36 recites: “A protein as shown in Figure 4.”  Page               
          8 of the specification at lines 22-25, describes Figure 4 as                 

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