Appeal No. 94-3056
Application 07/812,421
been perceived in the state of the art that
existed at the time the invention was made.
[citations omitted]
Thus, we hold that claims 32-37 define polypeptides which
would not have been obvious in view of the prior art cited by
the examiner.
New Rejection under the provisions of 37 CFR § 1.196(b)
Claim 37 is rejected under 35 U.S.C. § 112, second
paragraph.
Claim 37 is indefinite in the recitation of “a protein
expressed from” the specified plasmid. In addition to the
double fusion protein (P10:WF8R:$-gal) described at pages 21-
24 of the
specification, from which the antifreeze polypeptide WF8R (SEQ
ID NO:2 shown in Figure 4) can be extracted, plasmid pGX28L
contains at least one other gene which encodes a protein. The
commercially available starting plasmid pGEM3Z(+) contains a
structural gene for a protein that is used in screening the
transformed E. coli for positive clones, i.e. those bacteria
which have taken up the desired plasmid. This gene is
referred to throughout Figures 9a-9c as “amp ”. This gene isR
present in pGX28L, ATCC deposit No. 68425, as is shown in the
10
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