Appeal No. 2002-1366
Application No. 09/069,628
spores.
It is the examiner’s position that DeGreve “teach isolation and preparation of
monoclonal antibodies specific for Bacillus thuringiensis spore crystal polypeptides.”
Answer, pages 3-4. The examiner finds that DeGreve describes the isolation of crystals
purified from spore preparations of Bacillus thuringiensis (column 15, lines 12-15).
“DeGreve [], produced 17 hybridoma cell lines producing monoclonal antibodies reactive
with Bacillus thuringiensis spore crystal proteins and 9 out of 17 monoclonal antibodies
were found to be reactive and specific for two strains of the Bacillus thuringiensis spore
proteins (col. 19 lines 10-14).” Answer, page 4. DeGreve “identified Bacillus
thuringiensis spore crystal protein encoded by the Bacillus thuringiensis spore crystal
binding gene (col. 17-18) and demonstrated that the cloned peptide bound to Bacillus
thuringiensis spores (col. 17 lines 12-55).” Id.
In response, appellant argues that DeGreve “was indifferent to the detection of
intact B. thuringiensis spores.” Brief, page 7. Appellant argues that DeGreve's
monoclonal antibodies would not detect a B. thuringiensis spore that had become
separated from the crystal body, an event that occurs easily and frequently. Brief, page
7.
The examiner responds to appellant, arguing that the antibody of DeGreve meets
the claim limitations in that 9 monoclonal antibodies were found to be reactive and
specific for two strains of the spores of an individual species of Bacillus, B.
thuringiensis. Answer, page 9.
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