Appeal No. 94-2156
Application 07/888,366
properties and may be useful for treating human beings
infected by fungus (Broekaert), and (3) Weissman’s description
of the requisite information and means necessary to enable
persons skilled in the art to successfully probe a DNA library
for and isolate cDNA which encodes a target protein without
undue experimentation. On the other hand, appellants stress
the significant differences between cDNA which encodes mature
hevein
with a 43 amino acid sequence which is known in the art and
the claimed cDNA, HEV1, which encodes the novel hevein
precursor with the 204 amino acid sequence depicted in Figure
2. Appellants argue that the combined teachings of Walujono,
Broekaert, and Weissman would not have motivated a person
having ordinary skill in the art to probe for and isolate cDNA
which encodes the previously unknown 204 amino acid hevein
precursor depicted in Figure 2. Appellants emphasize that
they are claiming cDNA which encodes a novel 204 amino acid
hevein precursor (see the claims issued in Raikhel et al.,
U.S. 5,187,262, which issued from parent Application
07/587,071), not cDNA which encodes the 43 amino acid sequence
of mature hevein. We find that the differences between the
structures of cDNA which encodes mature hevein and cDNA which
- 5 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007