Appeal No. 2003-1594 Page 5
Application No. 08/970,266
the specification. The disclosure as filed teaches the general use of selectable
markers, and also discloses the use of the gpt and dhfr markers, albeit in
specifically exemplified vectors.
2. 35 U.S.C. § 102(b)
Claim 13 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
Hollis. According to the rejection, “[t]his rejection is made because of the priority
date granted to this claim in view of the 112 first paragraph rejection above.”
Examiner’s Answer, page 5. Because the new matter rejection under 35 U.S.C.
§ 112, first paragraph, has been reversed as discussed above, this rejection is
also reversed.
3. 35 U.S.C. § 103(a)
Claims 10-25 stand rejected under 35 U.S.C. § 103 as being rendered
obvious by the combination of Fell A or Fell B as combined with Yamawaki-
Kataoka.
Fell A is relied upon for teaching homologous recombination in hybridoma
cells. Fell B is relied upon for teaching a process for producing chimeric
antibodies using novel recombinant vectors. According to the rejection, “[t]he
recombinant DNA constructs of the invention can be used to transfect antibody
producing cells so that targeted homologous recombination occurs in the
transfected cells leading to gene modification and the production of chimeric
antibody molecules by the transfected cells.” Examiner’s Answer, page 6. The
rejection acknowledges that both references fail to teach the use of a murine
gamma 2A locus.
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