Appeal No. 1999-1510
Application No. 08/447,997
wherein said isolated cell is induced to proliferate by exposure to an
amount of interferon sufficient to result in expression of the proliferation-
promoting gene.
43. A method of generating a conditionally immortalized cell,
comprising the steps of:
a) transforming an isolated cell with a recombinant DNA molecule
comprising a proliferation-promoting gene for inducing cell division
when expressed and an Mx-1 promoter operably linked to the
proliferation-promoting gene, such that said transformed cell is
induced to proliferate by exposure to an amount of interferon
sufficient to result in expression of the proliferation-promoting gene;
b) and culturing said transformed isolated cell.
The examiner relies on the following references:
Robinson et al. (Robinson) 5,489,743 Feb. 06, 1996
McKay et al. (McKay) 5,270,191 Dec. 14, 1993
Mitchell et al. (Mitchell), “Herpes Simplex Virus Pathogenesis in Transgenic Mice
is Altered by the Homeodomain Protein Hox 1.3,” Journal of Virology, Vol. 67,
No. 8, pp. 4484-4491 (1993)
Hug et al. (Hug), “Organization of the Murine Mx Gene and Characterization of
Its Interferon- and Virus -Inducible Promoter,” Molecular and Cellular Biology, Vol.
8, No. 8, pp. 3065-3079 (1988)
Claims 32-43 stand rejected under 35 U.S.C. § 112, second paragraph, as
indefinite. Claims 32-43 also stand rejected under 35 U.S.C. § 103 as obvious
over Robinson, either of Hug or Mitchell, and McKay.1
We reverse both rejections.
1 In addition to the rejections under 35 U.S.C. §§ 103 and 112, second paragraph, the examiner’s
Final Rejection (Paper No. 15, mailed February 12, 1997) also contained rejections under 35
U.S.C. §§ 101 and 112, first paragraph. The Examiner’s Answer expressly stated that the § 101
rejection was withdrawn. The § 112, first paragraph, rejection was not expressly withdrawn,
although the examiner stated that it was no longer an issue on appeal. See id., page 3. Since
the rejection under § 112, first paragraph, was not set out in the Examiner’s Answer, we will treat
2
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