Appeal No. 2006-0102 Page 8
Application No. 09/732,439
2. Hu, for a disclosure of a “soybean homologue” of Δ1-pyrroline-5-
carboxylate synthetase (P5CS); however, Hu discloses only the
mothbean PSC (see the abstact).
3. Verbruggen1.
4. Dougherty, for a disclosure of human pyrroline-5-carboxylate
reductase (P5CR).
5. Brandriss, for a disclosure of yeast Δ1-pyrroline-5-carboxylate
synthetase (P5CS).
6. Williamson2.
Based on the foregoing, appellants assert (Brief, page 5), since “these
sequences were known to those of skill in the art at the time of filing, [a]ppellants
cannot be said to lack written description for these sequences.”
In response, the examiner asserts (Answer, page 15), “[t]hat some genes
encoding enzymes involved in proline biosynthesis were known in the art at the
time of filing does not demonstrate that [a]ppellants were in full possession of the
claimed genus. . . .” More specifically, the examiner finds (Answer, bridging
paragraph, pages 16-17) that knowledge in the art of two enzymes involved in
proline biosynthesis (1) Δ1-pyrroline-5-carboxylate synthetase from mothbean
(Verma and Hu), and (2) human (Dougherty) and yeast (Brandriss) pyrroline-5-
carboxylate reductase are not sufficient to represent the entire
1 Verbruggen et al. (Verbruggen), “Osmoregulation of a pyrroline-5-carboxylate reductase gene in
Arabidopsis thaliana,” Plant Physiol., Vol. 103, No. 3, pages 771-781 (1993). According to the
examiner (Answer, page 17), Verbruggen published November 1993, after appellants’ August 25,
1993 effective filing date, and therefore cannot be relied upon in support of appellants’ claimed
invention. Accordingly, we have not considered appellants’ arguments with regard to this
reference.
2 Williamson et al. (Williamson), “Molecular Cloning and Evidence for Osmoregulation of the Δ1-
Pyrroline-5-Carboxylate Reductase (proC) Gene in Pea (Pisum sativum L.),” Plant Physiol., Vol.
100, pp. 1464-1470 (1992). According to the examiner (Answer, page 17), this reference was not
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