Appeal No. 1997-2122
Application 08/310,902
of the invention.” By conceding that workers in this field did not know at the time
of the present invention that KU812 expressed FcERI, the examiner conceded
his case. Absent evidence that those of ordinary skill in the art at the time of the
present invention understood that KU812 did express the receptor of interest, it
is not apparent on what basis it can reasonably be concluded that it would have
been obvious to use KU812 cells in the process of Kumar.
The examiner’s rejection is reversed.
NEW GROUND OF REJECTION UNDER 37 CFR § 1.196(b)
Under the provisions of 37 CFR § 1.196(b), we make the following new
grounds of rejection.
Claim 3 is rejected under 35 U.S.C. § 102(b)/103 on the basis of Conrad.
As set forth above, claim 3 is directed to a polypeptide which comprises
the amino acid sequence corresponding to the I-subunit of the human FcERI
which is essentially free of the J- and K- subunits of the human FcERI. As
explained in the background portion of the specification, FcERI is a receptor
having high infinity for human IgE.
Conrad isolated the human IgE receptor and studied its cross-reactivity
with mouse and rat IgE. The IgE receptor of Conrad was isolated using the
procedure described in the left-hand column of page 328. As explained, the
receptor was isolated by repetitive affinity chromatography on hIgE-Sepharose.
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