Appeal No. 95-2041
Application 07/814,220
protein? We note that the as-filed specification states, in
pertinent part, from line 23 of page 3 to line 5 of page 4,
that:
Figure 1 shows the primary amino acid
sequence of a native AFP isolated from
the winter flounder.... This is a class
1 or alanine rich AFP. There are 38
amino acids (SEQ ID NO:1)... The AFP
of SEQ ID NO:1 is but one example of
a wide variety of AFPs.
It is not clear what degree of ice suppression activity, if
any, a protein encoded by the claimed DNA compounds must have
before falling within the scope of the indicated claims.
Claims 6, 11, 32, 33, and 36-42 each recite, or is
dependent on a claim which recites, the presence of codons in
the DNA compound which encode multiples of an eleven amino
acid sequence and limit the choices of those eleven amino
acids by the following language:
where the first and fourth amino acids in
said eleven amino acid sequence 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.
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