Appeal No. 95-0420
Application 07/959,509
follows:
1. A human cell line which has been stably transformed by a recombinant
vector comprising a reporter gene operatively linked to a promoter that has a
nucleotide sequence corresponding to the sequence of a human HLA-DR"
gene and is delimited at the 5' end by a nucleotide residue corresponding to
one of residues -1300 to -136 and at the 3' end by a residue corresponding
to about residue +32, both delimiting nucleotide residues being numbered
from the site of transcription initiation of the human HLA-DR" gene,
expression of which reporter gene can be induced by human IFN-(.
(emphasis added)
17. Plasmid pHL-cII-h/gGH.
In setting forth the prior art rejection under 35 USC § 103, the examiner relies on the
following references:
Selden et al., "Human Growth Hormone as a Reporter Gene in Regulation
Studies Employing Transient Gene Expression", Molecular and Cellular
Biology, Vol. 6, No. 9, pp. 3173-3179 (Sep. 1986). (Selden)
Tsang et al., "Mutational Analysis of the DRA Promoter: cis-Acting
Sequences and trans-Acting Factors", Molecular and Cellular Biology, Vol.
10, No. 2, pp. 711-719 (Feb. 1990). (Tsang)
The issue presented for review is whether the examiner erred in rejecting claims 1
through 17 under 35 USC § 103 as unpatentable over the combined disclosures of
Selden and Tsang.
On consideration of the record, including Appellants' main Brief, the Reply Brief and
2
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