Appeal No. 95-2041
Application 07/814,220
second complete paragraph. Thus, claims 17-20 are not
presently rejected under 35 U.S.C. § 112, first paragraph.
New Ground of Rejection Under 37 CFR § 1.196(b)
Claims 6, 11, 21 and 32-47 are rejected under 35 U.S.C. §
112, second paragraph, as being indefinite for failing to
particularly point out and distinctly claim the subject matter
which applicants regard as their invention.
1."modeled after"
Claims 6, 11 and 32-47 recite, either expressly or via
dependence on a claim that recites, a DNA sequence "coding for
an antifreeze polypeptide modeled after the antifreeze
polypeptide found in winter flounder." The metes and bounds
of this language are not apparent, nor is there a specific
definition in the specification that would provide a
structural and/or functional limitation of the claimed DNA
compounds. Does the winter flounder possess more than one
gene which encodes a protein which has an activity such that
it can be classified as an "antifreeze polypeptide?" How
close to which protein produced by a winter flounder must a
compound be in order to be considered as "modeled after" the
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