Appeal No. 2003-1993
Application No. 09/470,526
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the noted rejections, we make reference to the examiner’s
Answer for the examiner’s reasoning in support of the rejection, and to the appellants'
Brief for the appellants' arguments thereagainst. As a consequence of our review, we
make the determinations which follow.
Background
The subject matter of the present application is generally directed to corn plant
nucleic acids and their encoded proteins which are involved in cell cycle regulation.
Specification, page 4. In particular, the claimed invention is directed to a wee1
homologue from maize, zmwee1, whose activity resembles related protein tyrosine
kinases. Specification, page 6. The zmwee1 protein is indicated in the specification to
be useful in the genetic engineering of the corn plant to increase maize productivity.
Specification, page 3.
More specifically, claim 31 is directed to an isolated wee1 nucleic acid
comprising a member selected from the group consisting of: a polynucleotide that
encodes a polypeptide of SEQ ID NO:2.; a wee1 polynucleotide having at least 80%
identity to the entire coding region of SEQ ID NO:1; a polynucleotide comprising the
3
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