Appeal No. 1995-1162
Application 07/725,943
Claims 1, 21, and 35 are illustrative of the subject matter on appeal; they read as follows:
1. In a process for the expression of a protein in a transformed Escherichia coli
host cell containing DNA sequence encoding said protein and controlled by an inducible
promoter, said process comprising limiting induction of said promoter to less than 10% of
the maximum induction of said promoter and being effective to reduce the rate of
transcription of said DNA encoding said protein and thereby to reduce the rate of
synthesis of said protein to thus produce a greater amount of soluble and/or active protein
than in the absence of said limited induction of said promoter.
21. The process according to claim 1 wherein the maximum induction of said
promoter is determined by comparison with a standard system of said transformed host
cell, wherein said standard system consists of the expression of beta-galactosidase in
said host cell under the control of the same promoter as a foreign gene and with an inducer
concentration of 0.1 to 1 mmol/1 IPTG.
35. Process of claim 21, wherein said promoter has a catabolite activator protein
site and said promoter has reduced affinity for said catabolite activator protein.
The references relied upon by the examiner are:
Dennis N. Luck et al. (Luck), “Synthesis of Bovine Prolactin in Escherichia coli,”
Biochem. J., Vol. 5, no. 1, pp. 21-28 (November 1, 1986).
Miroslawa M. Bagdasarian et al. (Bagdasarian), “Activity of the Hybrid trp-lac(tac)
Promoter of Escherichia coli in Pseudomonas putida. Construction of Broad-Host-
Range, Controlled-Expression Vectors,” Gene, Vol. 26, pp. 273-282 (1983).
Ernst-Ludwig Winnacker (Winnacker), “Expression Vectors in Prokaryotes,” In: From
Genes to Clones: Introduction to Gene Tech., Publishers: VCH (1987), 239-317.
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