Appeal No. 1995-2518
Application 07/895,581
Achstetter et al. (Achstetter), "Proteinases, Proteolysis and Biological Control in the
Yeast Saccharomyces cerevisiae," Yeast, Vol. 1, pages 139-157, 1985
Strathern et al. (Strathern), The Molecular Biology of the Yeast Saccharomyces.
Life Cycle and Inheritance, Cold Spring Harbor Laboratory, Cold Spring Harbor, NY, page
458, 1981.
Kingsman et al. (Kingsman), "Heterologous Gene Expression in Saccharomyces
cerevisiae," Biotechnol. Genet Engr. Rev., Vol. 3, pages 377-416, 1985.
Grounds of Rejections
Claims 51-55 and 57-61 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies on Bussey, Achstetter, Hinnen and Meyhack.
Claim 56 stands rejected under 35 U.S.C. § 103. As evidence of obviousness, the
examiner relies on Bussey, Achstetter, Hinnen, Meyhack and Strathern.
Claim 57 stands rejected under 35 U.S.C. § 103. As evidence of obviousness, the
examiner relies on Bussey, Achstetter, Hinnen, Meyhack and Kingsman.
We reverse.
BACKGROUND
At pages 1, 3 and 4 of the specification, the applicants describes the invention as
relating to an improved method for the production of a protein heterologous to yeast in a
homogeneous form by culturing a yeast strain which lacks carboxypeptidase ysc" activity
and has been transformed with a hybrid vector comprising a yeast promoter operably
linked to a DNA sequence coding for the heterologous protein and isolating said
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