Ex parte CACECI et al. - Page 7

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

          and further in view of any one of Williams, Ferrari, Shen,                   
          Doel, Kempe or Willson.                                                      
               We reverse this rejection.  A prima facie case of                       
          obviousness has not been presented by the Examiner.                          
               The combined prior art teachings do not provide a                       
          reasonable basis for increasing the number of 11 amino acid                  
          sequence repeats in the antifreeze polypeptide of winter                     
          flounder to establish that the claimed polypeptides would have               
          been obvious to a person having ordinary skill in the art at                 
          the time of the invention.  The reasoning presented in the                   
          rejection is stated at page 12 of the Examiner’s Answer, lines               
                    It would have been further obvious to enhance                      
                    the antifreeze properties of the protein by                        
                    adding additional repeat sequences as suggested                    
                    by Chakrabartty or by amino acid substitution                      
                    as suggested by Scott, since these references                      
                    as cited above indicate that the number of ice                     
                    contact points is the limiting factor in anti-                     
                    freeze activity.  Thus, increasing the number                      
                    of ice contact points by the addition of AFP                       
                    repeat sequences (note the same conclusion was                     
                    admitted by appellants from a review of Chakra-                    
                    bartty (19) and Scott, see page 12, last para-                     
                    graph, ending on page 13 of the specification),                    
                    or adding ice contact points via amino acid                        
                         substitution, or using like amino acids                       
                    instead of the naturally occurring ones were                       
                    all suggested by the prior art to enhance AFP                      

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