Appeal No. 1996-1916
Application 07/912,122
The reference relied on by the examiner is:
Lemischka 5,185,438 Feb. 9, 1993
Claims 1 through 4 and 7 stand rejected under 35 U.S.C. § 112, first paragraph as
based on a non-enabling disclosure. In addition, claims 1 through 3 stand rejected under
35 U.S.C. § 103. As evidence of obviousness, the examiner relies on Lemischka. We
reverse both rejections.
DISCUSSION
Enablement
Flk-2 is a tyrosine kinase and “putative stem cell growth factor receptor” with a
ligand-binding extracellular domain, a transmembrane domain, and an intracellular
1
catalytic domain. The present invention is directed to a 1.9 kb cDNA molecule identical to
portions of the 3.4 kb cDNA molecule encoding murine Flk-2; an expression cassette
containing the 1.9 kb cDNA molecule; and a vector containing the cassette (claims
1 through 3). The invention further encompasses the protein encoded by the 1.9 kb cDNA
molecule, and a method of producing the protein (claims 4 and 7). The 1.9 kb cDNA
transcript appears to be “an alternative spliced form of [Flk-2]" which “lacks the
transmembrane sequence as well as portions of the extracellular and intra-cellular
1U.S. Patent No. 5,185,438 to Lemischka. See column 3, lines 48-60.
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