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
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007