Appeal No. 94-1573 Paper No. 24
Application No. 07/552,744 Page 6
preponderance of evidence currently of record supports the
§ 102(a) rejection over Vasanthakumar I.
35 U.S.C. § 102(b)
Appellants request independent consideration of each of
claims 2-4 for the rejection under 35 U.S.C. § 102(b) over
King (Paper No. 14 at 19). King describes isolated cDNA
clones for P. falciparum HGPRT. The clones were identified
using full-length mouse HGPRT cDNA clones as probes (King at
10470). Sequencing of the P. falciparum HGPRT clones revealed
a nucleotide sequence identical to the sequence set forth in
Appellants' claim 4 except that at one point King's sequence
contains a thymine instead of the cytosine of Appellants'
claim 4 sequence. The substitution of thymine for cytosine
results in a codon in King (ATG) that encodes the amino acid
methionine in the same location where a codon in Appellants'
sequence (ACG) encodes the amino acid threonine. King states
that "all attempts to express the protein product of P.
falciparum HGPRT cDNA were unsuccessful" (King at 10478).
Claim 2 is limited to "A cDNA sequence encoding for
Plasmodium falciparum HGPRT". The claim requires a cDNA
sequence that directs the production of a protein exhibiting
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