Ex Parte Short - Page 18



          Interference No. 105,188                                                    
          Short v. Punnonnen                                                          
               We find that the hereinabove transcribed paragraphs of the             
          Short PCT describe methods for obtaining polynucleotides having             
          an optimized phenotype comprising:  a) creating a library of                
          recombinant polynucleotides; and b) screening the library to                
   5      identify those polynucleotides having a variant phenotype,                  
          whereby optimization is achieved by recursive sequence                      
          recombination.  The Short PCT adds (Exh. 2050, p. 40, ll. 5-18):            
                    In some cases, it is desirable to bias the repertoire             
               for a preselected activity, such as by using as a source of            
  10           nucleic acid cells (source cells) from vertebrates in any              
               one of various stages of age, health and immune response.              
               For example, repeated immunization of a healthy animal prior           
               to collecting rearranged B cells results in obtaining a                
               repertoire enriched for gentic material producing a ligand             
  15           binding polypeptide of high affinity.                                  
               Accordingly, the foundation for our previous finding that              
          “the Short PCT fails to remedy the deficiencies of the Freeman              
          PCT [because] . . . Short has not shown that the Short PCT                  
  20      describes using recursive sequence recombination to create                  
          recombinant polynucleotide libraries as required by Punnonnon               
          claim 47" (Paper No. 181, p. 142, third full paragraph) did not             
          take into account the full scope and content of the teachings of            
          the Freeman PCT.                                                            
  25      4.   Stemmer                                                                
               We find that, as of the date Punnonen’s involved application           
          was first filed, recursive sequence recombination was a procedure           

                                        -18-                                          




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