Ex Parte Eisenberg et al - Page 3


              Appeal No. 2006-0189                                                                 Page 3                
              Application No. 09/825,242                                                                                 

                     Claim 35 is representative and reads as follows:                                                    
                     35.   A method of producing a zinc finger protein or a nucleic acid                                 
              encoding the same, comprising:                                                                             
                            (a) providing a database comprising designations for a plurality of                          
              precharacterized zinc finger proteins, each protein comprising at least first, second and                  
              third fingers, and subdesignations for each of the three fingers of each of the zinc finger                
              proteins, wherein at least one protein in the database has a third finger that is different                
              from the third finger of at least one other protein in the database; a corresponding                       
              nucleic acid sequence for each zinc finger protein, each sequence comprising at least                      
              first, second and third triplets specifically bound by the at least first, second and third                
              fingers respectively in each zinc finger protein, the first, second and third triplets being               
              arranged in the nucleic acid sequence (3’-5’) in the same respective order as the first,                   
              second and third fingers are arranged in the zinc finger protein (N-terminal to C-                         
              terminal);                                                                                                 
                            (b) providing a preselected target site for design of a zinc finger protein,                 
              the target site comprising contiguous first, second and third triplets in a 3’-5’ order,                   
                     (c) for the first, second and third triplet in the target site, identifying first,                  
              second and third sets of zinc finger protein(s) in the database, the first set comprising                  
              zinc finger protein(s) comprising a finger specifically binding to the first triplet in the                
              target site, the second set comprising zinc finger protein(s) comprising a finger                          
              specifically binding to the second triplet in the target site, the third set comprising zinc               
              finger protein(s) comprising a finger specifically binding to the third triplet in the target              
              site;                                                                                                      
                     (d) outputting designations and subdesignations of the zinc finger proteins                         
              in the first, second, and third sets identified in step (c); and                                           
                            (e) producing (i) a zinc finger protein that binds to the target site                        
              comprising a first finger from a zinc finger protein from the first set, a second finger from              
              a zinc finger protein from the second set, and a third finger from a zinc finger protein                   
              from the third set, or (ii) a nucleic acid encoding the zinc finger protein.                               
                     Thus, claim 35 is directed to a method of making a zinc finger protein that has                     
              been designed to bind to a specific target site.  The method comprises providing a                         
              database that includes designations for zinc finger proteins that each comprise at least                   
              three zinc fingers.  The claim requires that the database also include subdesignations                     
              for each of the three zinc fingers in each protein, as well as the complete (9-nucleotide)                 





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