Appeal No. 94-2592
Application 07/707,265
unpredictable, then it would not have been reasonable for one
of ordinary skill in the art to expect success in producing
either one.
Rejection under 37 CFR § 1.196(b)
Under the provisions of 37 CFR § 1.196(b) we make the
following new ground of rejection.
Claims 31 through 33 are rejected under 35 U.S.C. § 112,
second paragraph, for failing to particularly point out and
distinctly claim the subject matter which the appellants
regard as the invention.
Claims 31 through 33 are confusing and misdescriptive in
the recitation of an eglin compound having the “amino acid
sequence: N-acetyl-Thr. . . .” Since the “N-acetyl” is not an
amino acid, it is not clear whether the appellants intend to
claim just the eglin amino acid sequence or an “N-acetylated
eglin.” An amendment inserting “N-acetylated” between
“following” and “amino” on line 2 of claim 31 would obviate
this rejection.
A similar problem exists in withdrawn claim 34. Since
the DNA sequence in paragraph a) encodes “said eglin
compound,” it is not clear whether the appellants intend to
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