Ex Parte Gardner et al - Page 2

                Appeal 2007-2956                                                                              
                Application 10/677,733                                                                        
                For example, heme binding by the PAS domains of FixL . . . allows bacteria                    
                to sense oxygen levels” (Spec. 1).  “However, for most PAS domains there                      
                is no evidence for such a cofactor.  In fact, structurally characterized PAS                  
                domains without bound cofactors (Amezcua et al., 2002; Erbel et al., 2003;                    
                Morais Cabral et al., 1998) show tightly packed cores with no pre-formed                      
                cavities that would suggest a cofactor or ligand binding site” (Spec. 2).                     
                According to the Specification, “the invention provides methods of detecting                  
                binding of a PAS domain with a foreign core ligand of the PAS domain,                         
                wherein the PAS domain is predetermined, prefolded in its native state, and                   
                comprises a hydrophobic core that has no NMR-apparent a priori formed                         
                ligand cavity” (Spec. 2).                                                                     
                      Claims 1 and 2 are pending (App. Br. 1).  Claim 1 is rejected under 35                  
                U.S.C. § 103 as obvious over Fesik (WO 97/18471, May 27, 1997) in view                        
                of Edery (US 5,843,683, Dec. 1, 1998), Takahaski (US 6,291,429 B1, Sep.                       
                18, 2001), or Berkenstam (US 6,436,654 B1, Aug. 20, 2002) (Answer 3).                         
                Claim 2 is objected to because it is dependent on rejected claim 1, but the                   
                Examiner states it would be allowed if rewritten in independent form                          
                (Answer 3).  Claim 1 reads as follows:                                                        
                      1. A method of detecting binding of a PAS (Per-ARNT-Sim)                                
                      domain with a foreign core ligand of the PAS domain, wherein                            
                      the PAS domain is predetermined, prefolded in its native state,                         
                      and comprises a hydrophobic core that has no NMR-apparent a                             
                      priori formed ligand cavity, the method comprising the steps of:                        
                             detecting a first NMR spectrum of the PAS domain in the                          
                      presence of a foreign ligand; and                                                       
                             comparing the first NMR spectrum with a second NMR                               
                      spectrum of the PAS domain in the absence of the ligand to                              
                      infer the presence of the ligand specifically bound within the                          
                      hydrophobic core of the PAS domain.                                                     


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