Appeal No. 1997-4272
Application No. 08/429,053
23. A hybridoma cell line prepared by extracting maize plants at low
temperature by grinding, centrifuging and filtration, enriching the
extract in protein by precipitation with polyethylene glycol,
recovering the precipitate by centrifugation, dissolving the
precipitate in a buffer solution and recovering monoclonal
hybridomas of claim 11 from the antigen solution.
24. A monoclonal antibody directed specifically against proteins having
saccharose phosphate synthetase (SPS) activity of Sequence ID
#11 or Sequence ID #12.
The examiner relies on the following references:
Kalt-Torres et al. (Kalt-Torres), “Isolation and Characterization of Multiple
Forms of Maize Leaf Sucrose-Phosphate Synthase,” Physiol. Plantarum,
Vol. 70, pp. 653-658 (1987)
Walker et al. (Walker), “Purification and Preliminary Characterization of
Sucrose-Phosphate Synthase using Monoclonal Antibodies,” Plant.
Physiol., Vol. 89, pp. 518-524 (1989)
Claim 23 stands rejected under 35 U.S.C. § 112, second paragraph, as
indefinite.
Claims 11, 23, and 24 stand rejected under 35 U.S.C. § 103 as obvious
over the combined disclosures of Walker and Kalt-Torres.
We affirm the rejection under 35 U.S.C. § 112, second paragraph. We
reverse in part and vacate in part the rejection under 35 U.S.C. § 103. We also
enter a new ground of rejection.
Discussion
The claims are directed to specific hybridoma cell lines (claim 11),
hybridoma cell lines produced by a defined process (claim 23), and monoclonal
antibodies that bind a saccharose phosphate synthetase (SPS) enzyme (claim
2
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