Appeal No. 1997-3329
Application No. 08/396,988
Claim 3 is reproduced below:
3. Human macrophage metalloelastase in essentially pure form and having the
470 amino acid sequence shown in SEQ ID NO:2.
The references relied upon by the examiner are:
Flier et al. (Flier) 5,223,425 June 29, 1993
(filed November 30, 1988)
Docherty et al. (Docherty) WO87/07907 Dec. 30, 1987
Shapiro et al. (Shapiro), "Molecular Cloning, Chromosomal Localization, and Bacterial
Expression of a Murine Macrophage Metalloelastase," J. Biol. Chem., vol. 267, no. 7, pp.
4664-4671 (1992).
Gray et al. (Gray), "Two Interleukin 1 Genes in the Mouse: Cloning and Expression of the
cDNA for Murine Interleukin 1$," The J. of Immunology, vol. 137, no. 11, pp 3644-3648
(1986).
Ground of Rejection
Claim 3 stands rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon Shapiro, Flier, Docherty and Gray.
We reverse.
BACKGROUND
The applicant's invention, as described at page 3 of the specification, is directed to
a human macrophage metalloelastase (HME), which is a proenzyme having a molecule
mass of 54 kDa and the amino acid sequence containing 470 amino acids (SEQ ID NO:
2). Metalloproteinases are said to comprise a family of structurally related matrix
2
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