Appeal No. 95-2613
Application 07/876,794
hormones....” Answer, p. 4. We agree.
As pointed out by the examiner, Boime describes the
expression of DNA sequences encoding the claimed human
gonadotropins in a mammalian host cell. We acknowledge that
rat pituitary GH cells are not the natural source of
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gonadotropins; however, we find that the teachings of the
applied prior art, Hellerman and Clayton, demonstrate that
this cell line was known and used by those of ordinary skill
in the art as a host cell for the expression of heterologous
mammalian DNA sequences, including, inter alia, sequences
which encode human hormones, at the time the application was
filed. Accordingly, we agree with the examiner that the
collective teachings of the applied prior art would have
suggested the claimed method of producing a human gonadotropin
in other known mammalian host cells, such as the rat pituitary
cells taught by the applied prior art. In re Nilssen, 851
F.2d 1401, 1403, 7 USPQ2d 1500, 1502 (Fed. Cir. 1988) (the
test of obviousness is not the express suggestion of the
claimed invention in any or all the references, but rather
what the references collectively would have suggested to those
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