Ex Parte HAYASHI et al - Page 2


                 Appeal No.  2001-0288                                                        Page 2                   
                 Application No.  08/277,031                                                                           
                                      a yeast NADPH-P450 reductase, wherein said yeast                                 
                                      NADPH-P450 reductase is optionally in the form of a fused                        
                                      enzyme with each of said human cytochrome P450                                   
                                      molecular species, or reacting the chemical compound with                        
                                      cell free extracts of the yeast cells; and                                       
                               (b)    analyzing the resulting metabolite to determine the safety of                    
                                      the compound.                                                                    
                        6.     A method according to claim 1, wherein the recombinant yeast                            
                               cells further produce at least one additional human cytochrome                          
                               P450 molecular species selected from a group of human                                   
                               cytochrome P450 2A6, P450 2C19 and P450 2D6.                                            
                        8.     An artificial fused enzyme, which comprises human cytochrome                            
                               P450 3A4 and yeast NADPH-P450 reductase.                                                
                        10.    A method of determining in vitro the potential human metabolite of                      
                               a chemical compound, which comprises:                                                   
                               (a)    reacting the chemical compound with recombinant yeast                            
                                      cells that produce human cytochrome P450 molecular                               
                                      species P450 1A2, P450 2C9, P450 2E1 and P450 3A4 and                            
                                      a yeast NADPH-P450 reductase, wherein said yeast                                 
                                      NADPH-P450 reductase is optionally in the form of a fused                        
                                      enzyme with each of said human cytochrome P450                                   
                                      molecular species, or reacting the chemical compound with                        
                                      cell free extracts of the yeast cells; and                                       
                               (b)    identifying the resulting metabolite.                                            
                        The references relied upon by the examiner are:                                                
                 Yabusaki et al. (Yabusaki)         5,114,8521                  May 19, 1992                           
                 Crespi et al. (Crespi)             WO 92/07085                 Apr. 30, 1992                          
                 Wolf et al. (Wolf)                 WO 92/14817                 Sep.  3, 1992                          
                 Yasumori et al. (Yasumori ‘87), “Nucleotide sequence of a human liver                                 
                 cytochrome P-450 related to the rat male specific form,” J. Biochemistry, Vol.                        
                 102, pp. 1075-1082 (1987)                                                                             
                                                                                                                       
                 1 We note the Final Rejection (Paper No. 27, mailed September 14, 1998), and Brief (Paper No.         
                 29, received December, 9, 1998), rely on Yabusaki et al., United States Patent No. 5,436,159          
                 (‘159) and not United States Patent No. 5,114,852 (‘852).  It appears that the examiner’s             
                 reference to ‘852 in the Answer is a typographical error.  Furthermore, we note that ‘852 is a        
                 continuation of ‘159 and therefore both patents have identical disclosures.  Therefore, to the        
                 extent the examiner’s reliance on ‘852 is in error, we find the error harmless.                       





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