Ex parte BRINKMANN et al. - Page 3




              Appeal No. 1996-0449                                                                                       
              Application 08/009,423                                                                                     


              Ulrich et al. (Ulrich), "Strains Overproducing tRNA for Histidine," Molecular and General                  
              Genetics, Vol. 205, pp. 540-45 (1986).                                                                     


                                             GROUNDS OF REJECTION                                                        

                     Claims 83 and 86-90 stand rejected under 35 U.S.C. § 103.  As evidence of                           
              obviousness, the examiner relies upon Neill, Miller, Garcia, Robinson, Bonekamp and                        
              Ulrich.                                                                                                    
                     Claims 84, 85, 91, and 92 stand rejected under 35 U.S.C. § 103.  As evidence of                     
              obviousness, the examiner relies upon Neill, Miller, Garcia, Robinson, Bonekamp, Ulrich,                   
              George, Huala, and Tabor.                                                                                  
                     We reverse.                                                                                         


                                                   BACKGROUND                                                            

                     At pages 3 and 4 of the Specification, applicants describe the invention as relating                
              to a process for expressing a recombinant gene, which contains codons AGA and/or                           
              AGG, in Escherichia coli after transformation with an expression vector which contains the                 
              recombinant gene wherein the amount of tRNA present in the E.coli host cells is increased                  
              by introducing into the cells an additional DNA sequence coding for such tRNA.                             





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