Appeal No. 1996-0449
Application 08/009,423
DISCUSSION
The rejections under 35 U.S.C. § 103
In considering the issues raised by this appeal, we have considered the Examiner's
Answer, the references relied on by the examiner, Appellants' Brief and Reply Brief, as
well as the record as a whole. In so doing, we agree with appellants that the rejections of
record are based on hindsight reconstruction of the claimed subject matter.
The examiner has cited Neill as teaching a method for increasing production of a
protein which contains the amino acid glutamine, wherein a S. cerevisiae host cell is
transformed with a expression vector containing a DNA sequence which codes for
"-gliadin, the protein containing glutamine. Neill attributes the low production of the
recombinant protein to the codon usage pattern of the protein's mRNA and the low
concentration of the tRNA required for translation of the "-gliadin mRNA. Neill is said to
suggest using tRNA overproducing strains to overcome this limitation. (Answer, page 4).
The examiner acknowledges that Neill does not disclose the steps of transforming the host
cell with an expression vector containing a DNA sequence which codes for tRNA, wherein
the tRNA incorporates arginine into protein, recognizes both codons AGA and AGG, and
contains the anticodon UCU, as well as treating the transformed host cells to express said
DNA sequence coding for the tRNA in an amount greater than the amount of tRNA present
in the host cells prior to transformation. (Answer, paragraph bridging pages 4-5).
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