Appeal 2007-2400
Application 10/418,182
We agree with Appellant that Roberts does not support a prima facie
case of obviousness. Roberts teaches a method of “designing cofactor-
binding sites for catalytic antibodies” (Roberts, abstract). The disclosed
method involves identifying structurally conserved sites within the light
chain and heavy chain CDRs and substituting specific amino acids in the
CDRs in order to create a zinc-binding site (id.).
In other words, Roberts chose a limited number of specific amino
acids for substitution, in order to create a three-dimensional arrangement of
amino acid side-chains that would coordinate a zinc ion. In the claimed
library, by contrast, each amino acid in each of the CDRs is systematically
substituted with the same amino acid. The Examiner has not adequately
explained why those of skill in the art would have considered it obvious to
create the claimed library based on Roberts’ method of limited, deliberate
amino acid substitution. The rejection under 35 U.S.C. § 103 based on
Roberts is reversed.
6. OBVIOUSNESS BASED ON CREA
Claims 1-9 stand rejected under 35 U.S.C. § 103 as obvious in view of
Crea. The Examiner finds that
Crea discloses at col. 11, line 10 that the six hypervariable
regions of an Ig, which make up the unique aspect of the
antigen binding site, can be mutagenized simultaneously
separately within VH or VL chains to study the three
dimensional interrelationship of selected amino acid[s] in this
site. Crea further discloses at col. 5, line 20 up to col. 6, line 65
that the library used in the method provides a systematic and
practical approach for evaluating the importance of particular
amino acids, and their position within a defined region of a
protein.
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: September 9, 2013