Ex parte BOIME - Page 4





          Appeal No. 95-2613                                                          
          Application 07/876,794                                                      

          containing animal cells which have been transformed with an                 
          expression vector which is capable of expressing a DNA                      
          sequence encoding a human gonadotropin.  The specification                  
          states that                                                                 
                         Certain cells are known to contain dense-                    
                    core secretory granules and to secrete proteins                   
                    through a regulated pathway, which can be                         
                    stimulated by certain substances, for example,                    
                    forskolin.  These cells or cell lines, derived                    
                    from appropriate animal tissues, are the host                     
                    cells of the invention.  Included among such                      
                    cells are cells of the secretory components of                    
                    the hormone system such as the pituitary, $                       
                    islet cells, and cells of the adrenal cortex.                     
                    Particularly preferred in the method of the                       
                    invention are pituitary-derived cells.                            
                         Consistent with the foregoing paragraph,                     
                    “cells derived from pituitary” refers [to] the                    
                    cells or cell lines which are cultured from                       
                    pituitary tissue derived from animal species, in                  
                    particular mammalian species, and more                            
                    particularly, human or murine pituitaries.                        
                    Illustrated herein is the GH  murine cell line                    
                                                3                                     
                    ... [Specification, p. 7, line 30- p. 8, line                     
                    9].                                                               
               The results obtained by transforming the rat pituitary                 
          cell line GH  with expression vectors encoding the $ subunits               
                      3                                                               
          of LH, CG or FSH and the common " subunits are set forth on                 
          pp. 14-16 of the specification and in Figure 3.                             
               Although only two of the eight claims on appeal are                    

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