Appeal No. 94-3676
Application 07/949,327
Claims 29-31, 33, and 34 are also pending in this application
but have been withdrawn from further consideration by the
examiner as drawn to nonelected, restricted inventions.
Because appellants’ brief states that the claims stand or fall
together, we elect to decide the merits of this appeal of the
examiner’s decision to reject the subject matter claimed on
the basis of Claim 12. See 37 CFR § 1.192(c)(7). While all
claims are said to stand or fall together (Appellants’ Brief,
2 3
p. 5), Claims 12, 17, 19, 20, and 27 are reproduced below:
12. An essentially purified and isolated DNA
sequence
encoding a polypeptide consisting essentially of the
amino
acid sequence of a non-human mammalian interferon.
17. Plasmid pBoIFN-I1-trp55.
19. A culture of transformant cells capable of
producing non-human mammalian interferon in a form
unaccompanied by the signal peptide or presequence
peptide
that is the immediate product of the translation of the
mRNA
2 It is not apparent to this panel that the examiner has
expressly determined the metes and bounds of the subject matter of
Claims 19 and 20.
3 We note that Claims 21 and 27 which are appended to
Appellants’ Brief have been incorrectly transcribed.
Specifically, Claim 21 should refer to Claim 14, not “Claim 4" as
indicated.
The final word “thereof” in Claim 27 should be --hereof--.
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