Ex parte CAPON et al. - Page 4




          Appeal No. 94-3676                                                          
          Application 07/949,327                                                      
               of said non-human animal interferon.                                   
                    20. A process which comprises expressing a gene                   
               encoding a 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                                                                        
               of said non-human animal interferon in a microorganism or              
               cell culture.                                                          
                    27. An essentially purified and isolated DNA                      
          sequence                                                                    
               encoding a non-human mammalian interferon having the                   
          amino                                                                       
               acid sequence essentially as set forth in Figures 3a-d,                
               9a-c, 14a-e and 15 hereof.                                             
          Our reasons for including Claims 17 and 27 in the body of this              
          decision should become apparent from the “Other Issues”                     
          portion of our opinion.                                                     
          2.   Discussion                                                             
               Claim 12 is drawn to essentially purified and isolated                 
          DNAs which encode all amino acid sequences of non-human                     
          mammalian interferons.  The examiner relies on Yabrov                       
          essentially for its teaching that “there are reports which                  
          show a high protective activity of bovine, rabbit and rat                   
          interferons for human cells (Babiuk, Rouse, 1977; Filipic et                
          al., 1977)” (Yabrov, p. 26, first full para.).  Goeddel                     
          identifies the structures of eight distinct cloned human                    
          leukocyte interferon cDNAs and, according to the examiner,                  
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