Appeal 2007-0866
Application 09/993,234
The Examiner relies on the following prior art reference to show
unpatentability:
Yu 6,153,402 Nov. 28, 20002
The rejection as presented by the Examiner is as follows:
Claims 34 and 36-39 stand rejected under 35 U.S.C. § 102(e) as being
anticipated by Yu.
We affirm.
DISCUSSION
Claim 34 is directed to an isolated nucleic acid encoding Apo-3
polypeptide. According to claim 34, the Apo-3 polypeptide encoded by the
claimed nucleic acid comprises amino acid residues:
(a) 1 to 417,
(b) 25 to 417,
(c) 25 to 198, or
(d) 338 to 417
of SEQ ID NO: 6, or a biologically active variant thereof. Accordingly, we
find that claim 34 is drawn to a nucleic acid that encodes an Apo-3
polypeptide that comprises a particular sequence of amino acids, e.g., those
amino acid residues corresponding to amino acid residues 25 to 198 of
Appellant’s SEQ ID NO: 6, or a biologically active variant thereof.
2 The Examiner relies on Yu’s claim of priority to Provisional Application
No. 60,013,285, filed March 12, 1996 (Answer 3). Accordingly, the
Examiner finds that Yu’s has an applicable date under 35 U.S.C. § 102(e) of
March 12, 1996.
3
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