Appeal No. 1997-3020
Application 08/149,101
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims
1 through 28. Subsequently, claims 29 through 33 were added to the application. Claims
29 and 30 are objected to as being dependent upon a rejected base claim. Claims 31
through 33 are allowed. Claims 1 and 12 are illustrative of the subject matter on appeal
and read as follows:
1. A hybrid cytokine polypeptide comprising: 1) four "-helical sequences, the
"-helical sequences selected from cytokine "-helical sequences, the cytokine being
selected from the group consisting of leukemia inhibitory factor (L), granulocyte colony
stimulating factor (G), interleukin-6(I), interleukin-11(E), ciliary neurotrophic factor (C), and
oncostatin-M (O); and 2) three linking sequences, the linking sequences selected from at
least a portion of one or more linking sequences from any of the foregoing cytokines,
wherein at least one of the four "-helical sequences is derived from a different cytokine
than at least one other of the four "-helical sequences.
12. A DNA molecule that encodes a hybrid cytokine, the hybrid cytokine
comprising: 1) four "-helical sequences selected from an "-helical sequence derived from
a cytokine, the cytokine being selected from the group consisting of L, G, I, E, C and O;
and 2) three linking sequences selected from at least a portion of a linking sequence from
any of the foregoing cytokines, wherein at least one of the four "-helical sequences is from
a different cytokine than at least one other of the four "-helical sequences, said DNA
molecule comprising:
(A) complementary strands;
(B) DNA molecules which hybridize, under conditions of high stringency, to a probe
consisting of any of the foregoing DNA molecules or their complementary sequences; and
(C) DNA molecules which would hybridize to the DNA molecules set forth above or
a probe derived from a DNA molecule encoding any of the foregoing hybrid cytokines, but
for a degeneracy of genetic code.
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