Interference 102,728
6. Original claim 5 of the ‘325 Application reads as follows:
A DNA construct comprising a sequence of the following formula:
L-(R-S-(GAXYCX)n - Gene*)y
wherein:
L is a leader sequence recognized by yeast for secretion;
R and S are codons coding for arginine and lysine;
X is any nucleotide;
Y is guanosine or cytosine;
y is an integer of from about 1 to 10;
Gene* is a gene foreign to yeast; and
n is 0 or 1 to 4.
7. Brake pointed out that when n=0 and y=1, the formula in the ‘325
Application corresponds to the count; viz.,
5' -L-R-S-Gene*-3'
wherein R represents a codon for Lys or Arg and S represents a codon for Arg. Paper
No. 15, p. 7.
8. Brake relied on a first declaration of Dr. Patricia Tekamp-Olson (para. 3)
and Dr. Anthony J. Brake, to establish that the ‘325 Application expressly discloses and,
thus, would have reasonably conveyed to one skilled in the art that Dr. Brake was in
possession of, the n=0 construct required by the count. Paper No. 15, p. 10.
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