Appeal 2007-1819
Application 09/886,055
(Answer 7-8). In support of this assertion, the Examiner directs attention to
Table 3 at page 42 of Burford (id.). According to Burford, “Table 3 shows
structural features of each polypeptide sequence, including predicted motifs
and domains, along with the methods, algorithms, and searchable databases
used for analysis of each polypeptide” (Burford 5:¶ 0044).
While, Table 3 discloses that Burford’s SEQ ID NO: 27 has some
regions, and motifs, that share some degree of homology with an olfactory
receptor, it also teaches that SEQ ID NO: 27 shares some degree of
homology with, inter alia, the melanocortin receptor family and orphan
receptors (Burford 42).7 In this regard, we note that, as Burford explains,
receptors, “which act as receptors for stimuli that have yet to be identified”
(Burford 1: ¶ 0004) are known as orphan receptors.
Apparently recognizing that Burford does not teach or reasonably
suggest that SEQ ID NO: 27 is an olfactory receptor, the Examiner asserts
that Appellants’ SEQ ID NO: 55 represents a structural homolog of, and is
derived from, a sequence suggested by the prior art to be an olfactory
receptor (Answer 9). In all, the Examiner appears to be uninterested in the
fact that Burford also teaches that SEQ ID NO: 27 also shares homology
with other proteins. Unlike the dissent, we will not take the Examiner’s bait.
The issue is whether the art teaches or reasonably suggests that
Appellants’ SEQ ID NO: 27 is an olfactory receptor. The Examiner has not
7 In addition, we recognize that Burford’s Table 2 discloses that the “nearest
GenBank homolog” (Burford 5: ¶ 0043) for SEQ ID NO: 27 is an olfactory
receptor from Rattus norvegicus (Burford 38: Table 2-continued). However,
the Examiner makes no attempt to demonstrate that the degree of similarity
between SEQ ID NO: 27 and Rattus norvegicus is sufficient to allow one of
ordinary skill in the art to reasonably expect that SEQ ID NO: 27 is an
olfactory receptor.
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013