Appeal No.2001-1258 Page 3
Application No. 08/413,805
See page 9. The amino acid sequence of GA733-2E is shown in the
specification’s Figure 1 and in SEQ ID NO: 2.
The specification also states that
[t]he baculovirus-insect cell expression system has been well
recognized for its ability to abundantly express recombinant
proteins which most often resemble native protein with respect to
function, immunoreactivity, and immunogenicity. Baculovirus has
been exploited for production of a variety of enzymes,
trans-membrane proteins, and secretory proteins such as tissue
plasminogen activator, interleukin-2, and human beta interferon. A
soluble variant of the cell surface protein CD4 has been generated
by expressing a restriction enzyme cleaved portion of the CD4
cDNA [R.E. Hussey et al, Nature (Lond.), 331:78-81 (1988)].
Page 5 (bracketed material in original).
Discussion
Appellants state that “claims 4, 6, 7, 9, 10, 20, 21, 25-29, and 31[,] which
are drawn to pharmaceutical compositions, should be considered independently
of other claims (1, 3, 19, 24 and 30) in assessing patentability.” Appeal Brief,
page 3. Appellants present separate arguments directed to the pharmaceutical
compositions. Therefore, we will consider claims 1 and 4 as representative of
the claims on appeal. Claims 3, 19, 24, and 30 will stand or fall with claim 1, and
the remaining claims on appeal will stand or fall with claim 4. See 37 CFR
§ 1.192(c)(7)
Claim 1 is directed to a recombinantly produced, immunogenic
polypeptide consisting of the amino acid sequence shown in SEQ ID NO: 2
“substantially free from contamination with other proteinaceous materials.” As
discussed above, SEQ ID NO: 2 corresponds to the signal sequence and
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