Interference 103,781
the broad language of Adang’s Claims 1-12. Table 1 of Adang’s
involved patent “presents the frequency of codon usage for (A)
dicot proteins, (B) Bt proteins, (C) the synthetic Btt [Bacillus
thuringiensis var. tenebrionis] gene, and (D) monocot proteins”
(Adang’s U.S. Patent 5,380,831 (Column 18). However, Adang’s
Table 1 is not part of any of Adang’s claims and is not otherwise
prior art with regard to any species of Claims 13-14 of Adang’s
involved patent or Claims 41-43 of Fischhoff’s involved
application. Similarly, persons having ordinary skill in the art
can only determine the “frequency of codon usage which more
closely resembles the frequence of codon usage of the plant in
which it is to be expressed”, the critical phrase of a method
step of Claim 11 of Adang’s involved patent, by dividing the
number of occurrences of each codon in highly expressed plant
genes by the total number of occurrences of all codons specifying
the same amino acid in the gene (Adang, U.S. Patent 5,380,831,
col. 7, l. 3-7). Again, information necessary for persons
skilled in the art to perform this step is found in Table 1 of
Adang’s patent specification. Still, Table 1 of Adang’s
specification is not prior art either to Claims 13-14 Adang’s
involved patent or Claims 41-43 of Fischhoff’s involved
application. Absent prior art guidance or direction to plant-
preferred codons, Claims 1-12 of Adang’s involved patent would
-41-
Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: November 3, 2007