Appeal No. 94-2232
Application 07/888,367
of Walujono, Broekaert and Weissman, reasonably could have
expected to isolate and successfully use to detect hevein
peptide sequences. However, based on the record before us, we
are unable to determine the scope of cDNA utilized in the
methods of Claims 8, 10(8), and 11(8). The phrase which is
not definite is the phrase “derived from the cDNA shown in
Figure 2" in Claim 8. The specification proffers no help or
guidance in interpreting the size and/or sequence of a cDNA
segment derived from the cDNA shown in Figure 2 which could
detect the presence of the hevein peptide sequence encoded by
the RNA. In fact, neither the examiner nor appellants appear
to have considered the question
in the slightest.
An interpretation of the size and sequence of the
“derived” cDNA segment is particularly important in this case
because Walujono discloses a 43 amino acid sequence for mature
hevein, and the record is not clear whether cDNA which encodes
mature hevein reads on a cDNA “derived from the cDNA shown in
Figure 2 which detects the presence of the hevein peptide
sequence encoded by the RNA,” cDNA capable of being utilized
in the method of Claim 8.
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