Appeal No. 94-2232
Application 07/888,367
DNA library for and isolate cDNA which encodes a target
protein without undue experimentation, and (4) White’s
disclosure of a method of detecting the presence of peptides
which, but for the use of cDNA which encodes the peptide
hevein, is generally the same as the method appellants claim.
White’s teaching and its relevance to peptide detection
methods of the type appellants claim, does not appear to be
disputed. Rather, as in Appeal No. 94-2156, appellants stress
the significant differences between cDNA which encodes mature
hevein with a 43 amino acid sequence which was known in the
art and the claimed cDNA with an open reading frame of 204
amino acids. Appellants here again 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 a peptide with 204 amino
acids. Appellants emphasize that they are using cDNA which
encodes a peptide having 204 amino acids, 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 encodes a 204 amino acid
hevein precursor strongly support the patentability of the
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