Appeal No. 1999-1430
Application No. 08/441,893
Claim 161 is illustrative of the subject matter on appeal and is reproduced
below:
16. An isolated and purified Type II IL-1 receptor (Type II IL-1R) that
binds IL-1, and is encoded by a DNA that hybridizes under
moderately stringent conditions with a DNA selected from the group
consisting of:
(a) a DNA encoding a Type II IL-1R having an amino acid
sequence as set forth in SEQ ID NO.:2, having an amino
terminus at amino acid 1, and a carboxy terminus selected from
the group consisting of an amino acid between amino acids 330
and 385, inclusive, of SEQ ID NO.:2;
(b) a DNA encoding a Type II IL-1R having an amino acid sequene
as set forth in SEQ ID NO.:13, having an amino terminus at
amino acid 1, and a carboxy terminus selected from the group
consisting of an amino acid between amino acids 342 and 397,
inclusive, of SEQ ID NO.:13; and
(c) a DNA encoding a fragment of the polypeptide of (a) or (b),
which fragment binds IL-1.
References relied upon by the examiner2.
Sims et al. (Sims) 5,464,937 Nov. 7, 1995
1 We note the examiner’s notation (Answer, page 3) of errors present in
appellants’ Brief, Appendix A, Claims on Appeal. Claim 16 is correctly
reproduced herein.
2 We note the examiner incorrectly states (Answer, page 3) that “[n]o prior art is
relied upon by the examiner in the rejection of the claims under appeal.”
2
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