Ex parte CACECI et al. - Page 8

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

                    activity, and the art provides both the                            
                    motivation and a reasonable expectation of                         
                    enhanced AFPs.                                                     

               We do not agree that “adding additional repeat sequences”               
          is reasonably “suggested by Chakrabartty”, nor that                          
          Chakrabartty and Scott “indicate that the number of ice                      
          contact points is the limiting factor in antifreeze activity.”               
          The examiner argues that Chakrabartty teaches length variation               
          in the right hand column of page 11315.  See page 11 of the                  
          Final Rejection and page 8 of the Appeal Brief.  We find that                
          Chakrabartty there refers to “analogs which vary in length” in               
          the context of “repeating the experiment”.  Chakrabartty’s                   
          work involves analogs of 1 repeat, 2 repeats and 3 repeats.                  
          See Table 1 of Chakrabartty on page 11314.  The reference does               
          not teach lengthening the polypeptide by adding more than                    
          three repeats.  The polypeptides of claims 32-37 contain six                 
          or eight specified 11-amino acid sequence “repeats”.                         
          Polypeptides of this length with this number of repeats are                  
          neither taught by nor reasonably suggested by the teachings of               
          Chakrabartty.  Nor is a finding that the limiting factor in                  
          antifreeze activity is the “number of ice contact points”                    

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