Interference No. 105,188
Short v. Punnonnen
recursive sequence recombinations, to produce novel DNA which
encodes a polypeptide having desirably enhanced properties.
Accordingly, we conclude that the combined teachings of the
Freeman PCT, the Short PCT, and Stemmer reasonably would have led
5 persons having ordinary skill in the art to optimize the
modulatory effect of B7-2 variants encoded by novel DNA produced
by homologous recombination by: a) creating a library of
recombinant DNA encoding B7-2, b) promoting sequence
recombination in the recombinant DNA library, c) screening the
10 library for novel recombinant DNA which exhibits an enhanced
ability to modulate an immune response induced by a genetic
vaccine vector, and optimizing the enhanced ability of the novel
recombinant DNA to modulate the immune response by recursive DNA
sequence recombination, and reasonably expect success.
15 Subject matter defined by Punnonen’s Claim 47 appears to be
unpatentable under 35 U.S.C. § 103 as having been prima facie
obvious to a person having ordinary skill in the art in view of
the combined teachings of the Freeman PCT, the Short PCT, and
Stemmer. Therefore, we recommend that further examination and
20 subsequent action relating to the patentability of the subject
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