Appeal No. 95-2613
Application 07/876,794
limited to the use of GH cells, these, and the closely-
3
related GH cells, were the only type of regulated secretory
4
granule-containing animal cell considered by the examiner.
That is, the prior art relied on by the examiner for the
teaching of host cells within the scope of the broad claim,
Hellerman and Clayton, are directed to the use of GH and GH4 3
cells, respectively. In addition, we direct attention to p.
7, second complete para. of the Answer wherein the examiner
states that
the Examiner notes that the rejection under
35 U.S.C. § 103 was drawn specifically to
the obviousness of GH and other anterior
3
pituitary cells, and there has been no
prosecution to date on the basis of other
cell lines which may contain secretory
granules- the obvious species (GH cells)
3
also renders the genus (cells having
secretory granules) obvious.
Discussion
The examiner has predicated her conclusion of obviousness
on the collective teachings of Boime, Hellerman or Clayton,
and Vander. Boime describes the construction of expression
vectors comprising the DNA sequences encoding the " subunit
common to FSH, LH, CG and TSH and/or the $ subunit of FSH, LH
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