Ex parte WARD - Page 10




              Appeal No. 1997-3322                                                                                            
              Application No. 08/353,940                                                                                      


              such person would have a reasonable expectation of success; both the suggestion and                             
              reasonable expectation of success must be founded in prior art, not in applicant's                              
              disclosure.  In re Vaeck, 947  F.2d 488, 493, 20 USPQ2d 1438, 1443 (Fed. Cir. 1991).                            


                      Novotny 1986 explores the possiblility that the difference in antigen recognition                       
              between B and T cells derives from a structural difference in their respective antigen                          
              specific receptors.  Novotny 1986 compared the extracellular segments of the T-cell                             
              receptor ", $ and ( polypeptide chains and the terminal segment of the T-cell T8 antigen                        
              chain with the corresponding immunoglobulins whose three-dimensional structure are                              
              known.  It was concluded that the binding sites of the antigen-specific                                         
              T-cell ", $-chain receptors and of the antibodies are very similar in their overall geometry.                   
              Novotny 1986, abstract.  Novotny 1986 does not disclose a vector which expresses and                            
              secretes T-cell " or $-chain receptors in gram negative bacteria, as claimed.                                   
                      Skerra is relied on by the examiner for the disclosure of an expression system                          
              which allows for the production of a completely functional variable fragment of an antibody                     
              in E. coli.  Skerra suggests that the variable domains of the phophorylcholine-binding                          
              antibody were secreted together into the periplasmic space.    It is argued by the examiner                     
              that “it would have been prima facie obvious for one of ordinary skill in the art have                          
              substituted one of the genes encoding the T-cell receptor variable domain (" or $) of                           


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