Appeal No. 94-2232
Application 07/888,367
sequence encoded by the RNA” in Claim 8 means. Thereafter,
the examiner should again determine, consistent with our
decisions in Appeal No. 94-2156, this appeal,
In re Bell, supra, In re Deuel, supra, and Ex parte Goldgaber,
supra, whether the patentability of Claims 8, 10(8), and 11(8)
under 35 U.S.C. § 103 is an issue.
3. Discussion
A. Obviousness in view of Walujono, Broekaert &
Weissman
The issues on appeal with regard to Claims 7 and 9(7) are
whether cDNA which is “derived from E. coli ATCC 68363, and
has an open reading frame of 204 amino acids which detects the
presence of the hevein peptide sequence encoded by the RNA”
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 properties and may be useful for
treating human beings infected by fungus (Broekaert), (3)
Weissman’s description of the information and means required
to enable persons skilled in the art to successfully probe a
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