Appeal No. 1999-1389
Application No. 08/618,485
Claims 1 and 2 are illustrative of the subject matter on appeal and are
reproduced below:
1. A process for cloning vitamin D3-binding protein (Gc protein) into
baculovirus comprising the step of selecting and using a baculovirus
vector to clone the vitamin D3-binding protein (Gc protein).
2. A process for producing a cloned macrophage activating factor
(GcMAFc) comprising contacting cloned vitamin D3 binding protein in
vitro with immobilized ß-galactosidase and sialidase and obtaining the
cloned macrophage activating factor (GcMAFc).
Claims 3 and 4 differ from claims 1 and 2 only in that claim 3 is a process for
cloning vitamin D3-binding protein domain III, and claim 4 is a process for producing
cloned macrophage activating factor CdMAF wherein cloned vitamin D3-binding
protein domain III is contacted with ß-galactosidase and sialidase.
The references relied upon by the examiner are:
Yamamoto 5,177,002 Jan. 5, 1993
Cooke et al. (Cooke), “Serum Vitamin D-binding Protein is a Third Member of the
Albumin and I Fetoprotein Gene Family,” J. Clin. Invest., Vol. 76, pp. 2420-2424
(1985)
Luckow, Protein Production and Processing from Baculovirus Expression Vectors,
in Insect Cell Cultures: Biopesticide and Protein Production Shuler et al. eds., John
Wiley and Sons pp. 1-38 (1993)
GROUND OF REJECTION
Claim 1-4 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Yamamoto in view of Luckow and Cooke.
We affirm the rejection under 35 U.S.C. § 103 of claims 1 and 2, and reverse
the rejection of claims 3 and 4.
2
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