Ex parte CACECI et al. - Page 6




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


          “a base pair sequence ... and a synthesized amino acid                       
          sequence for an AFP polypeptide WF8R wherein the gene wf8r                   
          codes for the AFP WF8R” (emphasis added).  Page 9 of the                     
          specification at lines                                                       
          20-22, refers to the protein in Figure 4, stating: “Referring                
          now to the drawings, and more particularly to Figure 4, there                
          is shown a synthetic AFP peptide (SEQ ID NO:2)” (emphasis                    
          added).  Thus, we hold that claim 36 is limited to a single                  
          protein which has the amino acid sequence of SEQ ID NO:2.                    
               Claim 37 recites: “A protein expressed from the plasmid                 
          in ATCC deposit No. 68425.”  As stated on page 26, lines 1-4,                
          this deposited plasmid corresponds to “plasmid PgX28L” of the                
          specification.  Figure 9 shows the scheme of production of                   
          plasmid PgX28L and the scheme is discussed at pages 18-22 of                 
          the specification.  Claim 37 recites “a protein expressed from               
          the” specified plasmid.  We hold that this claim is inclusive                
          of any protein which can be expressed from this plasmid.                     
                                      DISCUSSION                                       
               Claims 32-37 stand rejected under 35 U.S.C.  103 over                  
          Gourlie and Peters in view of Chakrabartty, Houghten and Scott               


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