Appeal No. 2004-2134 Page 5
Application No. 09/425,075
Cregg is cited for teaching the use of the AOX1 for the expression of
foreign proteins in Pichia pastoris. See id.
Robinson is cited for teaching “methods of expression of antibodies in
yeast with expression plasmids comprising the light chain and heavy chains each
attached to a yeast promoter and terminator and are placed on the same
plasmid.” Id. Robinson is also cited for teaching that “yeast is a preferred host
because yeast provides substantial advantages for the production of
immunoglobulin light and heavy chains because yeast carry out post-translational
peptide modifications including glycosylation,” and for teaching that “a number of
recombinant DNA strategies exist which utilize strong promoter sequences and
high copy number plasmids which can be used for overt production of the
proteins in yeast.” Id.
The Invitrogen catalog is cited for teaching high copy number vectors for
expression of proteins in P. pastoris, wherein the vectors include the inducible
AOX1 promoter, a poly cloning site sequence, the alpha-factor signal sequence.
See id. at 4-5.
The Answer asserts that:
One of ordinary skill in the art would have been motivated to
produce the claimed method and vectors and host cell because
Horwitz [ ] teach[es] recombinant production of proteins,
specifically, an antibody in S. cerevisiae in general with selection,
screening, and purification and testing antigen binding. In addition,
one of ordinary skill in the art would have been motivated to
produce the claimed method and vectors and host cell in P.
pastoris because Cregg [ ] teach[es] production of heterologous
proteins in P. pastoris overcomes the problems associated with
producing commercially useful levels of proteins in S. cerevisiae
(see page 33, introduction) and the P. pastoris is ideally suited for
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