Appeal 2007-4214
Application 10/330,372
Claims 6, 45, 49, and 511 stand rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite for failing to particularly point out and
distinctly claim the subject matter that applicant regards as the invention.
Claim 6 is representative of the claims on appeal, and is dependent on
claim 1. Claims 1 and 6 are reproduced below:
1. An isolated full-length Chp polypeptide, or a polypeptide fragment
thereof, wherein (i) said Chp polypeptide or polypeptide fragment thereof
has about 95% or greater identity to the amino acid sequence presented as
SEQ ID NO: 2, and (ii) said Chp polypeptide or polypeptide fragment
thereof has at least one biological activity selected from the group consisting
of a PAK regulatory domain binding activity, a PAK kinase stimulatory
activity, a JNK kinase stimulatory activity, a cytoskeletal-reorganizing
activity, a Chp-specific immunogenic activity directed to SEQ ID NO:2 and
combinations thereof.
6. The isolated Chp polypeptide or polypeptide fragment of claim 1,
wherein said fragment consists essentially of a polypeptide having a
sequence selected from the group consisting of SEQ ID NO:6, SEQ ID
NO:7, SEQ ID NO:8, SEQ ID NO:9, SEQ ID NO:12, and SEQ ID NO:13.
The Examiner objects to the use of the transition phrase “consisting
essentially of.” According to the Examiner,
As the dependent claims, claims 6 and 49 must be limited
to Chp polypeptide or Chp polypeptide fragment thereof that
has about 95% or greater identity to the amino acid sequence
presented as SEQ ID NO:2 (236 amino acids). The sequences
of SEQ ID NO:6 (32 amino acids), SEQ ID NO:7 (180 amino
acids), SEQ ID NO:8 (26 amino acids), SEQ ID NO:9 (17
amino acids), SEQ ID NO:12 (28 amino acids), and SEQ ID
NO: 13 (17 amino acids) are fragments of SEQ ID NO:2. Due
1 Claims 1, 3-8, 45-49, 51, and 52 appear to be pending, with claims 2, 9-44,
and 50 being cancelled, and claims 1, 3-5, 7, 8, 46-48, and 52 being
indicated as being allowable (Br. 5).
2
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