Appeal No. 94-2156
Application 07/888,366
which is prior art under 35 U.S.C. § 102(f) as evidenced by
the co-authorship of Lee I and/or Lee II. Claims 3 and 4
read:
3. A cDNA molecule, HEV1, free of other DNA molecules
naturally occurring with the DNA molecule, corresponding
to the DNA sequence of Figure 2 as carried in E. coli
ATCC 68363 which encodes a protein.
4. A single strand cDNA molecule, HEV1, free of other
DNA molecules naturally occurring with the DNA molecule,
which encodes a protein corresponding to the 204 amino
acid sequence in Figure 2.
2. Discussion
A. Obviousness in view of Walujono, Broekaert &
Weissman
As viewed by the examiner, the issue on appeal is whether
HEV1, which corresponds to the cDNA sequence of Figure 2 and
the cDNA sequence which encodes the protein corresponding to
the
204 amino acid sequence in Figure 2, would have been obvious
to
a person having ordinary skill in the art in view of (1) prior
art teaching of the 43 amino acid sequence for mature hevein,
including an internal Trp-Gly-Trp-Cys sequence (Walujono,
p. 519), (2) recognition in the art that hevein has antifungal
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