Appeal No. 2006-3084 Page 3
Application No. 10/673,860
said nucleic acid sequence encoding said signal peptide region. Third, the
AJ12036 bacterium or mutant thereof is able to secrete the heterologous protein
at least 2-fold higher than the wild type Corynebacterium glutamicum
ATCC13869 having said genetic expression construct.
DISCUSSION
According to the examiner (Answer, page 6), appellants’ specification
provides adequate written descriptive support for methods that use strain
AJ12036. Nevertheless, the examiner finds (Answer, bridging sentence, pages
5-6) that appellants’ disclosure is not “descriptive of the complete structure of a
representative number of species encompassed by the claims as one of skill in
the art cannot envision all the methods utilizing the encompassed mutant
coryneform bacteria, based on the teachings of the specification.” As we
understand it, the examiner’s concern is focused solely on the aspect of
appellants’ claim relating to a mutant Corynebacterium glutamicum AJ12036
(FERM BP-734) bacterium.
In this regard, the examiner finds (Answer, page 4), “[t]he specification
discloses that mutants may include any strains obtained by mutagenesis and
selection procedures for increased secretory properties (page 10 of the
specification).” While this is true, appellants’ claimed invention is not directed to
any mutated strain. Instead, as appellants explain (Brief, page 9), the claimed
invention is directed to the use of Corynebacterium glutamicum AJ12036 (FERM
BP-734) bacterium which has the ability to secrete heterologous protein at least
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