Appeal No. 1997-3116
Application 08/294,953
properties were unstable (i.e., Granados (‘435) implicitly discloses that the cells
retained the ability to support replication of virus and expression of protein).
In addition, the specification of the application on appeal shows that the
Tn-5B1-4 cell line “is known to express recombinant proteins at high levels”
(page 3, line 27). Thus, the evidence of record in this application shows that the
prior art Tn-5B1-4 cell line meets the limitations of claim 1.
Claims 2 and 3 add the limitations that the cell line produces at least 30 or
50 occlusion bodies, respectively, per cell when it is infected by Autographa
californica multiple nuclear polyhedrosis virus (ACMNPV) and cultured under
specific conditions. Granados (‘435) discloses that the Tn-5B1-4 cell line meets
these limitations. See col. 10, line 45 to col. 11, line 13 (when cultured under the
recited conditions, Tn-5B1-4 cells produced 6.5 x 107 occlusion bodies per 106
cells, or 65 occlusion bodies per cell).
Claim 7 adds the limitation that the cell line expresses at least 175 IU/ml of
ß-galactosidase when infected by recombinant ACMNPV expressing a ß-
galactosidase gene,1 under specific culture conditions. The instant specification
provides evidence that the Tn-5B1-4 cell line meets this limitation. See pages
11-12 and Figure 2 (showing ß-galactosidase expression of approx. 200 IU/ml for
cell line Tn-5B1-4).
Claim 8 adds the limitation that the cell line expresses at least 2 IU/ml of
alkaline phosphatase when infected b y recombinant ACMNPV expressing a
1 Claim 7 contains an apparent typographical error that should be corrected if this case is subject
to further examination. Claim 7 recites an insect cell line which expresses ß-galactosidase “after
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