Appeal No. 1997-3322
Application No. 08/353,940
Novotny 1986 for the DNA expressing the functional antigen-binding fragment of Skerra, in
the expression system of Skerra for the production and secretion of T-cell receptor
variable domain, since Novotny 1986 provides ample motivation for the interchange
describing the structural relatedness of the respective molecules.” Examiner’s Answer,
page 6. The examiner also argues that appellant has not put forth any reason why one of
ordinary skill in the art would not expect transcription and translation based on the
combined teachings set forth above. Examiner’s Answer, page 9.
However, we find ample appellant argument and reasons of record why one of
ordinary skill in the art would not have been provided with a reasonable expectation of
success of the ability to secrete T-cell receptor domains, particularly domains linked
together. Brief, page 12. Novotny 1991 clearly states that they were unable to express T-
cell receptor domains in the periplasm of E. coli. Appellant also makes of record Kurucz
and Soo Hoo, evidencing the inability to secrete soluble T-cell receptor domains in E. coli
even after the filing date of the present application. We perceive Novotny 1991 to be
closer prior art than the combination of Novotny 1986 and Skerra. Novotny 1991 casts
doubt on the expectation of success suggested by the examiner to be found in the
combination of Novotny 1986 and Skerra, as Novotny 1991 discloses an inability to
express V" or V$ T-cell receptor domains in the periplasm of E. coli. In view of the above,
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