Appeal No. 2001-0288 Page 5
Application No. 08/277,031
while Crespi expressly identifies IA2, IIEI and IIIA4, and suggests including other
P450 cytochromes, Crespi does not expressly teach cytochrome 2C9.
To make up for this deficiency the examiner relies on Wolf, Sakaki,
Yasumori ‘87, and Yasumori ‘89. According to the examiner (Answer, page 4)
Wolf teaches:
that Saccharomyces transformants may be alternatively and
advantageously used for the recombinant expression of any
mammalian cytochrome P450 in such assays so long as a suitable
cytochrome P450 reductase is also expressed, preferably as “a
hybrid, fusion protein comprising” both the cytochrome P450 and
the reductase, which may be a mammalian reductase or a host cell
reductase: a “yeast reductase.”
To emphasize the teaching of cytochrome P450:NADPH-cytochrome P450
reductase fusion polypeptides, the examiner finds (Answer, page 5) that Sakaki
teaches “the recombinant expression in Saccharomyces transformants of two
different fusion polypeptides comprising either of two mammalian cytochrome
P450s, each fused to a yeast NADPH-cytochrome P450 reductase….”
The examiner finds (Answer, page 6) that Yasumori ‘89 teaches a human
cytochrome P450 “which they designate a ‘human-2’ cytochrome … [that is]
encoded by a cDNA having greatest similarity to the cDNA encoding human
cytochrome P450 IIC9, see footnote 1 at page 443….” To further support this
teaching in Yasumori ‘89, the examiner finds (Answer, page 13) that footnote 1
of Yasumori ‘89:
indicates that Yasumori et al.[](‘89) had already aligned the DNA
sequence of Yasumori et al.[](‘87), which is SEQ ID NO:2 of the
specification, with cDNAs encoding cytochromes P450 known at
that time and determined that it was a cytochrom[e] P450 IIC9
cDNA, making it clear that the standard nomenclature for the
“human-2” enzyme of [Yasumori ‘89] would be IIC9.
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