`
`Claims 1, 35-37, 44, 45, 57, 68, 80, 84, 94, 106-108, 111, 123, 125, 129, 131-132, 152,
`
`and 155-187 are amended, claims 183 and 185 are canceled, claim 188 is added, and claims
`
`4-34, 36-64, 69, 74, 76, 83-93, 96, 99-104, 109-112, 116-117, 124-125, 131, 140-142, 144-154,
`
`157, 159-168, 170-172, and 174-182 are Withdrawn. Claims 1-182, 184, and 186-187 are
`
`currently pending in the case.
`
`Support for revisions to claims 1 and 155-186 may be found at 111] 0416, 0440, 0682, and
`
`specific examples 7, 13, and 15. Support for revisions to claim 35 may be found at 1] 0421.
`
`Support for revisions to claims 184-185 found at 11 0389. Claims 36-37, 44, 45, 57, 68, 80, 84,
`
`94,106-108,111,123,125,129,131-132,152,166,169,176,and183-187 are amended to
`
`correct various informalities with support found as noted above, and throughout the specification
`
`and claims as filed. Claim 188 is with support found, for example, in 1m 0416, 0440, 0682, and
`
`specific examples 7, 13, and 15, and the Sequence Listing.
`
`Further examination and reconsideration of the presently claimed application are
`
`respectfully requested.
`
`Section 121 Restriction
`
`In response to the Examiner’s restriction requirement under 35 U.S.C. § 121, Applicant
`
`provisionally elects without traverse:
`
`0 Group 1 claims drawn to a coating or composition comprising an enzyme, classified in class
`
`106, subclass 15.05;
`
`0 An architectural coating
`
`.
`
`A masonry coating
`
`0 A coating comprising an immobilization carrier
`
`.
`
`Diatomaceous earth
`
`0 A water-based coating
`
`29/32
`
`
`
`o A coating comprising a combination of a binder, liquid, colorant, and an additive
`
`I
`
`I
`
`Thermoplastic binder
`
`An additive combination of a filler and a preservative
`
`o
`
`the preservative being a biocide
`
`0 Single coat system
`
`0 Film formation
`
`I
`
`I
`
`I
`
`I
`
`film formation not by baking
`
`film formation not by cross-linking
`
`film formation not by irradiation
`
`not self-cleaning film
`
`0 Single pack
`
`0 No pH indicator
`
`0 Not chemical agent resistant
`
`0 One specific enzyme: lysozyme
`
`o Mesophilic
`
`0 Not halophilic
`
`o Coating comprising a stimulator of enzyme
`
`0 Unpurified
`
`o Comprises cell-based particulate matter
`
`0 Enzyme is not prepared in a material that is attenuated
`
`0 Enzyme is prepared in a material that is sterilized
`
`0 Enzyme does comprise a particulate matter
`
`0 Enzyme is not microencapsulated
`
`In view of the provisional election, non-elected Group II-III claims 183 and 185 are
`
`canceled. In addition, claims 4-34, 36-64, 69, 74, 76, 83-93, 96, 99-104, 109-112, 116-117, 124-
`
`125, 131, 140-142, 144-154, 157, 159-168, 170-172, and 174-182 are Withdrawn as being
`
`directed to non-elected subject matter. Claims 1-3, 35, 65-68, 70-73, 75, 77-82, 94-95, 97-98,
`
`105-108,113-115,118-123,126-130,132-139,143,155-156,158,169,173,184 and 188 read
`
`on one or more of the elected species. None of such claims read on the entire combination of
`
`elected species and, thus, some of such claims (e. g., independent claim 1) may be considered
`
`30/32
`
`
`
`linking claims or generic claims to at least some of the elected species. Applicant respectfully
`
`requests that, upon allowance of a generic claim (e. g., claim 1), claims directed at non-elected
`
`species (e.g., withdrawn claims 4-34, 36-64, 69, 74, 76, 83-93, 96, 99-104, 109-112, 116-1 17,
`
`124-125, 131, 140-142, 144-154, 157, 159-168, 170-172, and 174-182) be allowed under 37
`
`C.F.R. § l.l4l(a). Applicant further reserves the right to file a divisional application at a later
`
`date capturing non-elected subject matter.
`
`It is noted that the aforementioned provisional election is based on assumptions made by the
`
`Applicant in view of what is presumed to be inadvertent errors in the Office Action. In particular,
`
`page 3 of the Office Action makes specific reference to claim 87. Claim 87 depends from claim 88,
`
`which depends fiom claim 85. Claim 85 recites a multicoat system, and is specifically referenced at
`
`page 3 of the Office Action which requires election of one of: (i) a single coat system or (ii) a
`
`multicoat system. Hence, by Applicant’s election to a single coat system above, it is presumed that
`
`the required election to "layers" of a multicoat system of claim 87 comprising different enzymes or
`
`not is rendered moot. However, in order to fully respond the present Office Action, if Applicant's
`
`assumptions are in error, Applicant provisionally elects in regards to claim 87:
`
`layers do not
`
`comprise different enzymes
`
`The present Office Action at page 3 makes specific reference to claim 103 and requires
`
`election of one of: (i) not temporary film or (ii) is not temporary film. In making the provisional
`
`election of such subject matter, the Applicant assumed the restriction to read as (i) not temporary
`
`film or (ii) temporary film. Upon this assumption, Applicant provisionally elects (i) not temporary
`
`film.
`
`The present Office Action at page 3 requires election of one of one specific organism from
`
`which the enzyme(s) is derived, encompassed by Claims l-l82. In making the provisional election
`
`of such subject matter, the Applicant assumes the restriction to read as: one specific organism from
`
`which the enzyme(s) is derived, encompassed by Claims l-l82, as applicable. Applicant has above
`
`elected lysozyme as the enzyme, but no specific organism is recited in the claims for this enzyme.
`
`Upon the aforementioned assumption, Applicant provisionally elects: no organism.
`
`3l/32
`
`
`
`If any of the aforementioned assumptions is incorrect, notification by the Examiner to the
`
`supposed errors in the assumptions is requested. In addition, an opportunity to change the election
`
`of subject matter to which the Applicant requests examination is requested on the basis that the
`
`restriction was misconstrued.
`
`CONCLUSION
`
`This response constitutes a complete response to all of the issues raised in the Office
`
`Action mailed September 10, 2009. If the Examiner has any questions, comments, or
`
`suggestions, the undersigned earnestly requests a telephone conference.
`
`The Commissioner is authorized to charge any fees which may be required, or credit any
`
`overpayment, to deposit account no. 50-1085.
`
`Respectfully submitted,
`
`/C. Steven McDaniel/
`
`C. Steven McDaniel
`
`Reg. No. 33,962
`Attorney for Applicant
`
`Customer No. 62754
`Date: December 10 2009
`
`32/32
`
`
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