Appeal No. 2001-2308
Application 07/704,578
1270+/-70 nucleotides as hybridizing to clone A341. Zilberstein in addition provides a
restriction map for two genomic clones. Revel discusses how one would produce a cDNA,
and mentions the desirability of bacterial expression. The examiner argues that
Weissenbach and Zilberstein set forth sufficient information/direction to obtain the
nucleotide sequence for the IFN-$2 DNA. However, these references provide little or no
guidance related to the existence or nonexistence of a secretory leader sequence, or
production of a mature protein. We note that the claims are not directed to IL-6 protein as
it is encoded by the mRNA, but require the protein divested of its leader secretory
sequence (see specification pages 7-8 and Figure 1). Even if these references provided
sufficient guidance to produce full-length cDNAs and express the products encoded by the
cDNAs, they provide no guidance or direction to the claimed product, which is lacking a
signal sequence. Therefore combination of the teachings of these references with Gilbert,
Ingolia or Clark would not lead to the claimed product. The only art teaching a particular N-
terminal protein sequence is JP 115025A. This reference does not teach or suggest the
same N-terminus as recited in the claim, and furthermore does not provide any reason to
combine its teachings regarding a B-cell differentiation factor protein with the teachings of
the interferon nucleic acids.
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