Ex Parte Lesburg et al - Page 2

                Appeal  2007-1164                                                                                
                Application  10/170,131                                                                          

                                               BACKGROUND                                                        
                       The Specification discloses “crystals of a hepatitis C virus RNA                          
                dependent RNA polymerase called NS5B” (Specification 1).  The                                    
                Specification also describes experiments in which the crystals were used to                      
                determine the three-dimensional structure of the NS5B polymerase (pages                          
                19-24) and the spatial coordinates of its constituent atoms (Table 1, pages                      
                25-53).                                                                                          
                                                DISCUSSION                                                       
                1.  CLAIMS                                                                                       
                       Claims 24 and 26 are pending and on appeal.  The claims have not                          
                been argued separately and therefore stand or fall together.  37 C.F.R.                          
                § 41.37(c)(1)(vii).  Claim 24 is the only independent claim and reads as                         
                follows:                                                                                         
                   24.  A computer for producing a three-dimensional representation of                           
                   a molecule, wherein said molecule comprises an hepatitis C virus (HCV)                        
                   NS5B polypeptide, wherein said NS5B polypeptide comprises SEQ ID                              
                   NO: 1 with valine at position 335, alanine at position 344, and glutamine                     
                   at position 550 and is defined by structure coordinates set forth in Table                    
                   1, and wherein said computer comprises:                                                       
                             (a) a machine-readable data storage medium comprising a data                        
                             storage material encoded with machine-readable data, wherein                        
                             said data comprises the structure coordinates of Table 1;                           
                             (b) a working memory for storing instructions for processing                        
                             said machine-readable data;                                                         
                             (c) a central-processing unit coupled to said working memory                        
                             and to said machine-readable data storage medium for                                
                             processing said machine readable data into said three-                              
                             dimensional representation; and                                                     

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