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`PATENT
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`In re Application of: Hendriksen et al.
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`Confirmation No: 3014
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`Serial No.: 15/433,642
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`Group Art Unit: 1652
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`Filed: February 15, 2017
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`Examiner: Tekchand Saidha
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`For: Method for Producing a Dairy Product
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`RESPONSE TO RESTRICTION REQUIREMENT
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`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Sir:
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`In response to the Office Action mailed March 9, 2018, please amend the above-identified
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`application as follows:
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`Amendments to the claims are reflected in the listing of claims, which begins on page 2
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`of this document.
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`Remarks and arguments begin on page 4 of this document.
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`
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`AMENDMENTS TO THE CLAIMS:
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`Claims 30-33 are canceled without prejudice or disclaimer. Claims 41-47 are added. The
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`following is the status of the claims of the above-captioned application, as amended.
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`1-26.
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`(Canceled).
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`27.
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`(Previously presented).
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`A polypeptide having transgalactosylating activity, which is a
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`truncated polypeptide consisting of the amino acid sequence of amino acids 28-979 of SEQ ID NO:
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`1 or is a fragment thereof having transgalactosylating activity.
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`28.
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`(Previously presented).
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`The polypeptide of claim 27, wherein
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`the
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`truncated
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`polypeptide consists of the amino acid sequence of amino acids 28-979 of SEQ ID NO: 1.
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`29.
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`(Previously presented).
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`The polypeptide of claim 27, wherein
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`the
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`truncated
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`polypeptide consists of the amino acid sequence of a fragment of amino acids 28-979 of SEQ ID
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`NO: 1.
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`30-33. (Canceled).
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`34.
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`(Previously presented).
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`A composition comprising the polypeptide of claim 27.
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`35.
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`(Previously presented).
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`The composition of claim 34, which is a food composition.
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`36.
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`(Previously presented).
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`The composition of claim 35, which is a dairy product.
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`37.
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`(Previously presented).
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`A method for producing a food product, comprising treating a
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`substrate comprising lactose with the polypeptide of claim 27.
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`38.
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`(Previously presented).
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`A method for producing a dairy product, comprising treating
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`a milk-based substrate comprising lactose with the polypeptide of claim 27.
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`39.
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`(Previously presented).
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`A method
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`for
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`producing
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`galacto-oligosaccharides,
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`comprising contacting the polypeptide of claim 27 with a milk-based substrate comprising lactose.
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`2
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`
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`40.
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`(Currently amended). A method
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`for producing galacto-oligosaccharides, comprising
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`contacting the polypeptide of claim 28 ~ with a milk-based substrate comprising lactose.
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`41.
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`(New). A polypeptide having transgalactosylating activity, which is a fragment having an
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`amino acid sequence which is at least 98% identical to amino acids 28-979 of SEQ ID NO: 1,
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`wherein the fragment consists of at most 952 amino acid residues and has transgalactosylating
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`activity.
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`42.
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`(New). A composition comprising the polypeptide of claim 41.
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`43.
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`(New). The composition of claim 42, which is a food composition.
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`44.
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`(New). The composition of claim 43, which is a dairy product.
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`45.
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`(New). A method for producing a food product, comprising treating a substrate comprising
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`lactose with the polypeptide of claim 41.
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`46.
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`(New). A method for producing a dairy product, comprising treating a milk-based substrate
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`comprising lactose with the polypeptide of claim 41.
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`47.
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`(New). A method
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`for producing galacto-oligosaccharides, comprising contacting
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`the
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`polypeptide of claim 41 with a milk-based substrate comprising lactose.
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`3
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`
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`REMARKS
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`Claims 30-33 are canceled without prejudice or disclaimer. Claims 41-47 are added.
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`Therefore, claims 27-29 and 34-47 are now pending in the present application. Claims 41-47 are
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`supported throughout the specification, e.g., at page 17, line 20-29.
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`The Office Action made a restriction requirement between the following groups:
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`Group I:
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`claims 27-29 and 34-36 directed to polypeptides having transgalactosylating
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`activity and compositions
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`Group II:
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`claims 30-32 directed to nucleic acids, recombinant host cells, and methods of
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`producing a polypeptide having transgalactosylating activity
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`Group Ill:
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`claim 33 directed to a method of claim 32, further comprising purifying the
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`polypeptide;
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`Group IV:
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`claims 37 and 38 directed to methods for producing a food product; and
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`Group V:
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`claims 39 and 40 directed to methods for producing galacto-oligosaccharides.
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`In response to this requirement, Applicants hereby elect the invention of Group I. Claims
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`27-29, 34-36, and 41-44 read on the elected invention. Applicants hereby reserve the right to
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`file divisional applications directed to the nonelected subject matter.
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`Moreover, Applicants submit that claims 27 and 41 link Groups I-V. Therefore, upon
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`allowance of the linking claim, the restriction requirement as to the linked inventions should be
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`withdrawn and all claims within the linked inventions should be examined in the instant
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`application.
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`The Examiner is hereby invited to contact the undersigned by telephone if there are any
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`questions concerning this response or application.
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`All required fees were charged to Novozymes North America, lnc.'s Deposit Account No.
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`50-1701 at the time of electronic filing. The USPTO is authorized to charge this Deposit Account
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`should any additional fees be due.
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`Date: May 8, 2018
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`Respectfully submitted,
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`/Elias Lambiris, Reg. # 33728/
`Elias J. Lambiris, Reg. No. 33,728
`Novozymes North America, Inc.
`77 Perry Chapel Church Road
`Franklinton, NC 27525
`(919) 494-3405
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`4
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