Appeal No. 95-2041
Application 07/814,220
BACKGROUND
Antifreeze polypeptides are known in the art. These
polypeptides have been found in fish which live in arctic
waters. The polypeptides prevent the formation of ice in the
body fluids of these fish. See the specification at page 3,
lines 8-22. The specification describes a specific protein,
shown in Figure 4 of the application, which is a variant of an
antifreeze polypeptide found in winter flounder. Figure 4
also indicates a specific DNA sequence encoding this variant
antifreeze polypeptide. The prior art describes an antifreeze
polypeptide found in winter flounder and its production by
bacteria that have been transformed with DNA which encodes the
polypeptide. See pages 3 through 6 of the specification.
Discussion
Having considered the entire record in this appeal, we
have determined that some of the claims presented are indefi-
nite under 35 U.S.C. § 112, second paragraph. Accordingly, we
institute a new ground of rejection of claims 6, 11, 21 and
32-47 under this statute infra. Since the metes and bounds of
claims 6, 11, 21 and 32-47 cannot be readily ascertained,
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