Ex Parte HAYASHI et al - Page 12


                 Appeal No.  2001-0288                                                      Page 12                    
                 Application No.  08/277,031                                                                           
                 Crespi, Sakaki, Yasumori ‘89 and Paolini in view of Wolf, Yasumori ‘87 and                            
                 Yabusaki                                                                                              
                                                   CLAIMS 6 AND 7                                                      
                        We note that the examiner relies on the teachings of Crespi, Sakaki,                           
                 Yasumori ‘89, Paolini, Wolf, Yasumori ‘87 and Yabusaki as applied to claims 1-5,                      
                 8, 9, 11, 13 and 14, supra.  However, the examiner now emphasizes (Answer,                            
                 page 8) that Crespi teaches that “cytochrome P450 1A1 should be recombinantly                         
                 expressed among multiply expressed cytochromes P450 in a transformed cell                             
                 line to detect carcinogenic metabolites of compounds….”  The examiner also                            
                 finds (id.) that Eugster “teach that the human cytochrome P450 1A1 may be                             
                 successfully expressed in yeast transformants in active form and is involved in                       
                 the metabolism of ‘a large group of promutagens present as ubiquitous                                 
                 environmental pollutants’ but is present at high levels in liver cells only when                      
                 induced….”  According to the examiner (id.) Ellis “teach that the human                               
                 cytochrome P450 IID6 may be successfully expressed in yeast transformants in                          
                 active form and that its metabolism has been studied in association with                              
                 ‘diseases such as cancer and Parkinson’s disease.’”  In addition, the examiner                        
                 finds (id.) that Bligh “teach that the human cytochrome P450 IIA6 may be                              
                 successfully expressed in yeast transformants in active form and may be studied                       
                 … in the metabolism of ‘carcinogen activation and deactivation’.”  According to                       
                 the examiner (Answer, page 9) it would have been obvious to combine Eugster,                          
                 Ellis, and Bligh teachings of human P450 cytochromes that are implicated in the                       
                 metabolism of carcinogen formation and/or drug metabolism with the                                    






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