Appeal No. 2003-1126 Page 3
Application No. 08/444,285
therewith, thereby obtaining a genetically transformed
zygote;
(ii) transplanting an embryo from the genetically
transformed zygote into a psuedopregnant female; and
(iii) allowing the embryo to develop to term; where
said gene and control sequence are selected so that the
gene is not activated in such a manner and degree as would
prevent normal development of the embryo to term; and said
polypeptide or protein is producible in a cell of said mammal
which bears said gene, as a result of the expression of said
gene under the control of said control sequence, and where
said mammal, absent said exogenous genetic material is
unable to produce said polypeptide or protein; and
(b) expressing said gene in said mammal, or progeny thereof
which retain said gene in expressible form, thereby producing said
polypeptide or protein at a detectable level, where said mammal is
selected from the group consisting of rodents, rabbits, goats, pigs,
cattle, and sheep.
The examiner relies upon the following references:
Strojek et al. (Strojek), “The use of transgenic animal techniques for livestock
improvement,” Genetic Engineering: Principles and methods, Vol. 10,
pp. 221-246 (1988)
Kappel et al. (Kappel), “Regulating gene expression in transgenic animals,”
Current Opinion in Biotechnology, Vol. 3, pp. 548-553 (1992)
Houdebine, “Production of pharmaceutical proteins from transgenic animals,”
Journal of Biotechnology, Vol. 34, pp. 269-287 (1994)
Wall, “Transgenic livestock: Progress and prospects for the future,”
Theriogenology, Vol. 45, pp. 57-68 (1996)
Claims 39, 41, 43, 45, 50, 51, 55-79, 82, 83, 86-114, 116 and 119 stand
rejected under the judicially created obviousness-type double-patenting as being
unpatentable over claims 1-7 of U.S. Patent No. 4,873,191. Claims 39, 41, 43,
45, 50, 51, 55-79, 82, 83, 86-114, 116 and 119 also stand rejected under 35
U.S.C. § 112, first paragraph, on the grounds that the specification fails to enable
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