Appeal No. 96-0051 Page 2
Application No. 07/987,256
BACKGROUND
Appellants disclose the manipulation of plant fatty-acid
content by altering fatty-acid synthase activity. Claims 21 and 37
(reproduced below) are representative of the claimed subject matter.
21. A cDNA sequence encoding a Ricinus communis
$-ketoacyl-ACP synthase protein, wherein said cDNA
sequence comprises the mature protein encoding portion of
said synthase protein, and wherein said mature protein has
a molecular weight of approximately 50 kD.
(Paper No. 20 (Amdt. filed 10 Aug. 1993) at 1.)
37. A DNA construct comprising, in the 5' to 3'
direction of transcription, a transcription initiation
region functional in a plant seed cell, said $-ketoacyl-
ACP synthase protein encoding sequence of Claim 21 or
Claim 25[2] and a transcriptional termination region
functional in a plant seed cell, wherein said $-ketoacyl-
ACP synthase protein encoding sequence is oriented for
expression of antisense sequence.
(Paper No. 33 at 2.)
In the examiner's answer (Paper No. 37), the following
rejections remain:
1. An obviousness-type double-patenting rejection
of claims 21, 25, 27, 33, 34, 37, 40, 54, and 55 in view
of the claims of Appellants' 07/721,761 application (now
United States Patent 5,475,099);
2 Claim 25 is identical to claim 21 except that the
molecular weight specified is 46 kD instead of 50 kD (Paper No. 20
at 1-2).
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