Appeal No. 95-2662
Application 07/771,262
1. A modified peptide or protein wherein said peptide or protein has biological
activity, wherein said modification comprises an extension at the C- terminus consisting
essentially of two or more tandem units wherein each unit independently consists of amino
acid sequences found natively at positions 112-118 to position 145 of the beta subunit of
human chorionic gonadotropin
15. The modified peptide or protein of claim 12 wherein said peptide or protein
is luteinizing hormone (LH) or a follicle stimulating hormone (FSH).
The reference relied on by the examiner is:2
Boime et al. (Boime) WO 90/09800 (PCT) Feb. 21, 1989
The claims stand rejected as follows:3
I. Claims 1 and 12 through 14 stand rejected under 35 USC § 112, first paragraph, as
being non-enabled.
II. Claims 1 and 12-15 stand rejected under 35 USC § 103 as being unpatentable
over Boime.
We reverse both rejections.
2The examiner’s Answer indicates that he additionally relies on Boime (Boime II),
U.S. Patent 5,177,193 (‘193), issued January 5, 1993 (filed June 1, 1990) and Shadle,
U.S. Patent 4,847,325 (‘325), issued July 11, 1989. However, the examiner has withdrawn
the double patenting rejection of claim 1 over the ‘193 patent, see footnote 3, infra, and
the claims which were rejected over the ‘325 patent; i.e, claims 9 and 10, have been
canceled. Accordingly, we have considered the listing of these references to be an
oversight on the part of the examiner.
3The examiner has withdrawn the rejection of claim 1 under the judicially-created
doctrine of obviousness-type double patenting over U.S. 5,177,193 which was present in
the final office action (Paper No. 9). Answer, p. 2.
2
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