Appeal No. 1995-2518
Application 07/895,581
Bussey taken with Achstetter, Hinnen, and Meyhack in further view of Strathern.
Claim 57 stands rejected under 35 U.S.C. § 103 as being unpatentable over
Bussey taken with Achstetter, Hinnen, and Meyhack in further view of Kingsman.
We have chosen to group the grounds of rejection before us under
35 U.S.C. § 103, since all three rejections depend on the examiner's consideration of
Bussey, Achstetter, Hinnen and Meyhack. Appellants have argued the separate rejections
of claim 56 and 57 only to the extent that it is urged that the rejection of these claims should
fail for the same reasons advanced relative to the first rejection. (Principal Brief, page 8).
In describing Bussey, the examiner states (Answer, page 4):
Bussey et al. disclose strains of S. cerevisiae with a null mutation of the KEX1 gene
(col 3) obtained by gene disruption (col 6, lines 6-11) so that it allows for the
production of desired protein precursors retaining the C-terminal residues (col 6,
lines 20-27). While Bussey et al. do not explicitly disclose the additional yscA,
yscB, yscY and yscS proteolytic activities, Bussey et al. nevertheless set forth the
teaching of producing proteins where the C-terminal is intact and the post
translational processing can be tailored as Bussey et al. disclose that the
processing can be carried out in vitro to process the selected secreted proteins
which means that the heterologous protein is obtained from the transformed yeast
with the C-terminal intact and unmodified and a yeast without an active ysc" gene
would not have been expected to have an active ysc" gene product . . . .
The examiner relies on Achstetter as disclosing (Answer, page 4):
[t]he isolation of yeast strains in which the genes coding for yscA, B, Y, and S
contain mutations (pages 141-142 and 145) and which also teaches that
proteinase yscB deficiency results in a decrease in protein degradation of
40-60%. . .
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