Ex parte CACECI et al. - Page 2




          Appeal No. 95-2041                                                           
          Application 07/814,220                                                       


               This is an appeal from the examiner's decision finally                  
          rejecting claims 6, 11, 17-21, and 32-47.  Appealed claims 48                
          and 49 were canceled by appellants in Paper No. 20, an amend-                
          ment filed subsequent to the Examiner's Answer on February 2,                
          1994.  Note that on this amendment "Please enter" is marked in               
          the left margin, however, claims 48 and 49, which appear in                  
          Paper No. 14, an amendment filed April 1, 1993, have not been                
          properly marked as canceled.                                                 
               Claims 6, 17, 21, and 43 are illustrative of the subject                
          matter of the claims on appeal and read as follows:                          
               6.  A synthetic DNA sequence having a sequence of nucleo-               
          tides coding for an antifreeze polypeptide modeled after the                 
          antifreeze polypeptide found in winter flounder having greater               
          than five repeats of an eleven amino acid sequence where the                 
          first and fourth amino acids in said eleven amino acid se-                   
          quence are selected from the group consisting of threonine,                  
          asparagine, glutamine, glutamic acid, serine and aspartic acid               
          and the second, third and fifth through eleventh amino acids                 
          in said eleven amino acid sequence are selected from the group               
          consisting of alanine, glycine, lysine, isoleucine, valine,                  
          serine and leucine.                                                          
               17.  A gene having a deoxyribonucleic acid sequence as                  
          shown in Figure 4.                                                           
               21.  A bacterial host having the characteristics of ATCC                
          deposit No. 68425.                                                           
               43.  A synthetic DNA sequence having a sequence of nu-                  
          cleotides coding for an antifreeze polypeptide modeled after                 
          the antifreeze polypeptide found in winter flounder comprising               
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