Appeal No. 2003-0847 Page 4
Application No. 08/744,685
examiner acknowledges that “the specification does describe expression vectors
in general and selectable markers in a vector,” but asserts that it “does not
indicate that it was intended (1) that these vectors encode gpt or dhfr or even if
these vectors do, that (2) the coding regions for these genes would be removed
and shuttled to other vectors. The specification only contemplated using
expression vectors listed in the specification and cloning the DNA encoding the
desired protein into the expression vector (see page 7, lines 6-7).” Examiner’s
Answer, page 4.
Appellants, pointing to the specification at page 6, lines 20-25, and page
7, lines 1-5, contend that the disclosure as filed “provides written description
support for the use of the selectable markers gpt and dhfr in different vectors by
general descriptions of selectable markers and examples of vectors containing
gpt and dhfr.” Appeal Brief, page 7.
Page 6 of the specification states that (emphasis added):
Specifically designed vectors allow the shuttling of DNA
between hosts such as bacteria-yeast or bacteria-animal cells. An
appropriately constructed expression vector should contain: an
origin of replication for autonomous replication in host cells,
selectable markers, a limited number of useful restriction enzyme
sites, a potential for high copy number, and active promoters.
The paragraph bridging pages 6 and 7 provides examples of commercially
available mammalian expression vectors, wherein gpt and dhfr are among the
selectable markers used in those expression vectors.
To satisfy the written description requirement, the disclosure as originally
filed must convey with reasonable clarity to those skilled in the art that the
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