Appeal No. 1999-1389
Application No. 08/618,485
In our opinion, given that appellant had notice of the typographical error in the
Yamamoto reference designation and responded to the examiner’s rejection in view
of the correct Yamamoto reference, we find that the typographical error on behalf of
the examiner did not prejudice appellant’s case. According we find the do not Final
Rejection fatally flawed by the examiner’s typographical error. Therefore, we move
forward to the merits of the examiner’s rejection.
According to the examiner (Answer, page 3) Yamamoto disclose “a process
of converting glycosylated Gc protein obtained from pooled blood to a highly potent
macrophage activating factor (GcMAF) by contacting Gc protein with immobilized
ß-galactosidase and sialidase.” The examiner explains (Answer, page 4) that
Yamamoto discloses “that Gc protein is also known as vitamin D-binding protein
and that the nucleotide and amino acid sequences of Gc protein [including domain
III] was reported by Cooke.” The examiner relies on Luckow (Answer, page 4) to
teach “a process for the abundant expression of exogenous proteins in insect cells
using baculovirus expression vectors.”
The examiner concludes (pages 5-6) that:
One of ordinary skill in the art would be motivated to combine
these teachings because cloning Gc protein in a baculovirus vector
facilitates the abundant and economical expression of a glycosylated
Gc protein that is antigenically, immunogenically, and functionally
similar to its counter part isolated from natural sources on a scale that
is not technically or economically feasible with other expression
systems, and because the cloned Gc protein could be converted to
GcMAF, a highly potent macrophage activating factor, which has utility
as a therapeutic agent for inducing macrophage activation, as taught
by Yamamoto et al. …
Furthermore, it would have been obvious to one of ordinary
skill in the art at the time of Appellant’s invention to clone the cDNA
encoding domain III of the Gc protein, as taught by Cooke et al., into a
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