Interference 102,728
eliminated. Therefore, in the DNA construct described in the count, “n” is “0.”14
Accordingly, we find that like Count 1, the Brake 1 specification discloses a DNA
construct which (i) comprises a sequence encoding a Saccharomyces "-factor leader
sequence followed by codons which encode either lys-arg or arg-arg, and (ii) lacks
codons which encode “glu-ala.”
Count 1 requires that “Gene*” encode a polypeptide which is foreign to
Saccharomyces. We find that the ‘325 Application discloses that “Gene* is a gene
other than "-factor, usually foreign to a yeast host cell, usually a heterologous gene.”
The ‘325 Application, p. 4, lines 10-11.
Finally, the Brake 1 specification further discloses that “y” is an integer of at least
one and usually not more than 10.” Id., p. 4, lines 6-7. Thus, we find, and Singh does
not seem to dispute, that Brake 1 discloses a formula wherein “Gene*,” like “Gene*” of
the count is “1.” The Brake 1 specification further discloses that
Gene* may encode any type of polypeptide of interest ... such as growth
hormone, somatomedins, epidermal growth factor, the endocrine secretions,
such as luteinizing hormone, thyroid stimulating hormone, oxytocin, insulin,
vasopressin, renin, calcitonin, follicle stimulating hormone, prolactin, etc;
hematopoietic factors, e.g. erythropoietin, colony stimulating factor, etc.;
lymphokines; globins; globulins, e.g. immunoglobulins; albumins, interferons,
such as ", $ and (; repressors; enzymes; endorphins e.g. $-endorphin,
enkephalin, dynorphin, etc. [The ‘325 Application, p. 10, line 34- p. 11, line 15].
Thus, we find written descriptive support for the Gene* limitation of the count in Brake
1.
14 Hereinafter, we refer to a DNA construct which lacks the codons coding for the
“glu-ala” amino acids of the "-factor spacer sequence as an “n=0” construct.
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