Appeal No. 2001-1410
Application No. 08/472,630
Claim 64 is representative of the claims on appeal and reads as follows:
64. An antibody specifically binding a Streptococcus pyogenes DNase B
enzyme produced by the process of:
(a) culturing a bacterial host cell transformed with an expression vector
comprising a DNA sequence that is substantially purified DNA comprising DNA
encoding an amino acid sequence selected from the group consisting of the amino acid
sequence of: (1) Streptococcus pyogenes DNase B enzyme as shown in Figure 4; and
(2) a sequence coding a functional equivalent of S. pyogenes DNase B enzyme, the
DNA being substantially free of DNA that does not encode the amino acid sequence of
Figure 4 or a functional equivalent of S. pyogenes DNase B enzyme except for a leader
peptide fused to the amino terminus of S. pyogenes DNase B enzyme operatively
linked to at least one control sequence compatible with a suitable bacterial host cell in a
manner allowing the transformed bacterial host to express the Streptococcus pyogenes
DNase B encoded by the DNA incorporated within the expression vector in a detectable
quantity;
(b) using the cultured bacterial host cell to express the DNase B enzyme; and
(c) purifying the enzyme from the cultured bacterial host cell to yield an enzyme
substantially free of mitogenic activity.
The reference relied upon by the examiner is:
Toth 5,055,395 Oct. 8, 1991
Grounds of Rejection
Claims 64-67 stand rejected under 35 U.S.C. § 102(b) as obvious over Toth.
We reverse this rejection.
DISCUSSION
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