Appeal No. 2004-2134 Page 8
Application No. 09/425,075
are arguing the Robinson reference separately, whereas the rejection was made
over a combination of references. Assuming arguendo that the Robinson
reference refers only to S. cerevisiae when it uses the term yeast,3 the
combination of references relied upon by the rejection render the method of claim
36 obvious.
Horwitz teaches a method for the functional secretion of an antibody from
the yeast, S. cerevisaiae, wherein the gene encoding the light chain is placed on
one expression plasmid, and the gene encoding the heavy chain is placed on a
second expression plasmid. See Horwitz, abstract, and page 8679, column 2.
Robinson teaches and exemplifies the same antibody expression system as
3 We note that appellants assert that the term “yeast,” if not referring to only S. cerevisaiae,
“refers to a genus of fungi that encompasses over 25,000 species from the following families
Saccharomyces, Pichia, Candida, Schizosaccharomyces, Neurospora, and others.” Appeal
Brief, page 11. The term yeast may refer to, however, yeast are that are known expression
systems. As that argument has not been made, we do not rely on that interpretation, but merely
bring it to the examiner’s and appellants’ attention to consider in any continued prosecution.
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