Appeal No. 1995-2464
Application No. 08/068,392
Claims 1 and 2 are reproduced below:
1. An isolated cDNA that encodes for the 470 amino acid human macrophage
metalloelastase (HME) shown in FIG 1A, SEQ ID NO: 2.
2. Isolated cDNA having the nucleotide sequence of basepairs 1-1410 shown
in FIGS. 5A to 5D, SEQ ID NO: 1.
The references relied upon by the examiner are:
Flier et al. (Flier) 5,223,425 June 29, 1993
(filed November 30, 1988)
Shapiro et al. (Shapiro), "Molecular Cloning, Chromosomal Localization, and Bacterial
Expression of a Murine Macrophage Metalloelastase," J. Biol. Chem. vol. 267, no. 7, pp.
4664-4671 (1992).
Ground of Rejection
Claims 1 and 2 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon Shapiro and Flier.
We reverse.
BACKGROUND
The applicant's invention, as described at page 3 of the specification, is directed to
the cDNA which encodes the 54 kDa proenzyme designated as human macrophage
metalloelastase. Metalloproteinases are said to comprise a family of structurally related
matrix degrading enzymes involved in normal embryonic development, growth, tissue
remodeling, and tissue repair.
2
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