Appeal No. 94-0224
Application 07/322,604
2
Claims 45 and 46 are illustrative of the subject matter on appeal and read as
follows:
45. A recombinant gene, comprising
a DNA sequence encoding a polypeptide having the biological activity of
2,4-D monooxygenase which is capable of being expressed in a plant, operably linked to
a heterologous promoter capable of promoting the expression in a plant of a
structural gene operably linked thereto.
46. A recombinant gene of claim 45, wherein the DNA sequence is
the structural gene sequence of Figure 10, except that the initiation codon is
ATG,
a DNA sequence differing therefrom by codon degeneracy, or
a DNA sequence hybridizable therewith or its complement, wherein the
sequence or its complement codes for a polypeptide having said biological activity.
3
The references relied upon by the examiner are :
Béguin, Pierre, et al. (Béguin), “Sequence of a Cellulase Gene of the Thermophilic
Bacterium Clostridium thermocellum”, 162 Journal of Bacteriology, No. 1, 102-105
(Apr. 1985).
2 Claim 46 was amended after the final rejection. The amendment was approved for entry by the
examiner in the Advisory Action of May 22, 1992. However, the amendment has not been entered in the
record. We reproduce the claim as amended. Upon return of the application, the examiner should see to it
that the amendment is entered.
3 The examiner lists a U.S. patent as being relied upon in a rejection of the claims under appeal at
page 3 of the examiner’s answer. However, that patent has not been applied in any of the pending
rejections.
2
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