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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