Appeal No. 1997-3322
Application No. 08/353,940
Claim 31 specifically requires a step of “adding about 0.1 to 1mM isopropylthio-
galactopyranoside (IPTG) to produce a T-cell receptor variable domain.” Novotny 1991
describes 5mM IPTG is required to induce expression of the single chain T-cell receptor.
Novotny, page 8647.
The appellant argues that Novotny 1991 cannot serve as an anticipating reference
because it does not disclose a step of adding about 0.1 to 1mM isopropylthio-
galactopyranoside (IPTG) to produce a T-cell receptor variable domain or a method of
expressing and secreting a T-cell receptor domain in a gram-negative cell. The examiner
does not address or rebut these arguments in the Examiner’s Answer. We do not find
these elements of claim 31 described in Novotny 1991, and therefore reverse the rejection
under 35 U.S.C. § 102(b) of the examiner as to claims 31 and 32. Rejection under 35
U.S.C. § 103
Claims 1-4, 9-15, 19-30 and 33 stand rejected under 35 U.S.C. § 103 as
unpatentable for obviousness over Novotny 1991.
The examiner’s states that Novotny 1991 discloses the production of small, soluble,
single chain T-cell receptor (TCR) fragments that carry an intact TCR antigen combining
site (V", V$) in E. coli. The examiner finds that the disclosure of Novotny differs from the
claimed invention in the disclosure of an additional genetic sequence and a linker. “That
is, Novotny teaches expression of a heterodimer comprising a linker, rather than monomer
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007