Appeal 2007-1819
Application 09/886,055
has substantially the same sequence as Appellants’ SEQ ID NO:56, the
nucleic acid sequence encoding SEQ ID NO:55 (Compare Burford 106 with
Spec. 75).
6. Burford also discloses: “The largest subfamily of GPCRs . . . are
the olfactory receptors . . . .” (Burford, col. 2, ll. 1-3.)
7. A skilled artisan would have known or at least reasonably expected
Burford’s SEQ ID NO:27 to be an olfactory receptor based on the level of
skill in the art and Burford’s teachings. (Answer 7-8; FFs 4-6.)
8. A skilled artisan would have been motivated to try to utilize
Burford’s polypeptides having olfactory receptor sequences in the assay
method of Krautwurst, based one the level of skill in the art and on the
teachings of Burford and Krautwurst. (See FFs 1-7; Krautwurst 918, col. 1
(“Our approach provides a model system for the study of ligand specificity
and structure-function relationships for olfactory receptors.”); see also
Answer 8.)
9. A skilled artisan would have had a reasonable expectation of
success applying Krautwurt’s assay method to Burford’s polypeptides
having homology to known olfactory receptors, based on Krautwurst’s
teachings, which are representative of the level of skill in the art at the time
the invention was made. (See FFs 1-8.)
10. Appellants do not dispute the Examiner’s finding that “Burford
discloses SEQ ID NO:27 (Appellants’ SEQ ID NO :55 . . .) is an olfactory
receptor” (Answer 7-8 (citing Burford 42 (Table 3)). (See Br. passim.)
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