Appeal No. 1996-1281
Application 07/945,295
follows:
11. An isolated protein comprising a sequence of amino acids that includes all
or a portion of the sequence of amino acids of the human Mi-2 antigen, wherein said
portion includes at least one epitope of said antigen, and said protein is isolated by
specific immunoreaction with an autoantibody present in human sera, which is
immunoreactive with the human Mi-2 protein having the amino acid sequence set forth
in Sequence ID No. 2.
26. An isolated protein comprising a sequence of amino acids that includes all
or portion of the sequence of amino acids of PM-Scl antigen, wherein said portion
includes at least one epitope of said antigen, and said protein is isolated by specific
immunoreaction with an autoantibody present in human sera, which is immunoreactive
with the human PM-Scl protein having the amino acid sequence set forth in Sequence
ID No. 4.
The reference relied upon by the examiner is:
Targoff et al. (Targoff), "The Association between Mi-2 Antibodies and
Dermatomyositis," Arthritis and Rheumatism, vol. 78 (7), pgs. 796-802 (1985).
Grounds of rejection
Claims 11 - 15 and 26 stand rejected under 35 U.S.C. § 112, second paragraph,
as failing to particularly point out and distinctly claim the invention.
Claims 11-13 stand rejected under 35 U.S.C. § 102(b) or, alternatively, under 35
U.S.C. § 103. As evidence of anticipation/obviousness, the examiner relies on Targoff.
We reverse the rejection of the claims under 35 U.S.C. § 112, second paragraph
and vacate the rejection made alternatively under 35 U.S.C. § 102(b) or 35 U.S.C.
§ 103.
Background
The invention, as presently claimed, is described at pages 1, 2, and 7 of the
2
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