Appeal No. 95-2041
Application 07/814,220
plasmid? Does the claim include bacterial cultures other than
E. coli? It is not ascertainable which cells, beyond the
cells in the culture held at the ATCC, are within the metes
and bounds of claim 21.
3."an amino acid sequence defined by blocks...of Figure 4"
Claims 43-47 refer to the blocks of Figure 4. Claims 43-
46 commonly recite: "A synthetic DNA sequence ... comprising a
sequence of nucleotides coding for a protein which has an
amino acid sequence defined by blocks ... of Figure 4." The
only variation in these four claims is that a specific segment
of "blocks" from Figure 4 is recited in each one of claims 43-
46. Claim 47 recites that the claimed DNA encodes "a protein
which has an amino acid sequence with greater than five of the
eight blocks shown in Figure 4." The specification refers to
the blocks of Figure 4 at page 10, lines 4-16. The blocks are
indicated in Figure 4 by two-directional arrows. Blocks 1-8
are contiguous in Figure 4. The specification also
contemplates adding segments which are 11 amino acids in
length at the PST1 site shown in block 7 of Figure 4. Such an
addition would result in a non-contiguous association of
11
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