Appeal No. 95-2041
Application 07/814,220
not teach lengthening the polypeptide by adding more than
three repeats. The genes and hosts of claims 17-20, encode
and produce, respectively, polypeptides which contain the
eight specified 11-amino acid sequence "repeats" of Figure 4.
Polypeptides of this length with this number of repeats are
neither taught by nor reasonably suggested by the teachings of
Chakrabartty. Nor is a finding that the limiting factor in
antifreeze activity is the "number of ice contact points"
reasonably supported by the Chakrabartty and Scott teachings.
These references note the significance of the number of ice
contact points, but they do not lessen the significance of
other factors, including the known number of contiguous
repeats in known antifreeze polypeptides.
We disagree with the statement in the above-quoted
section of the Examiner's Answer (page 14, 7-9) which reads
"(note the same conclusion was admitted by appellants from a
review of Chakrabartty (19) and Scott, see page 12 last
paragraph, ending on page 13 of the specification)." The
cited section of the specification is not an admission of a
"conclusion...from a review of Chakrabartty and Scott."
Rather, the section of pages 12 and 13 of the specification to
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