Ex parte RAO et al. - Page 4




              Appeal No.  95-4520                                                                                           
              Application 08/038,761                                                                                        


                     Lectins and Plant Insect Resistance Based Thereon, “ filed September 20,                               
                     1991, Serial No. 07/763,100 [now U.S. Patent 5,407,454].  One of us is also                            
                     a coinventor of that application.  Other insects show little susceptibility to this                    
                     lectin, and acquired resistance to naturally occurring lectine is likely to exist.                     
                     Thus, a continuing need is felt for new larvicidal proteins which are not found                        
                     in nature, yet can easily be expressed in plant cells as a gene product of a                           
                     single structural gene.                                                                                

                     The present invention involves a Bauhinia purpurea lectin (BPL) in which one or                        
              more lysine residues has been replaced by an amino acid selected from those set forth in                      
              claim 1 on appeal.  The claimed invention also involves a DNA sequence which codes for                        
              such a compound.  See claim 8 on appeal.  As seen from the other claims reproduced                            
              above, the claimed invention involves the use of the altered BPL and DNA sequences                            
              coding therefor.                                                                                              
                     Kusui describes the nucleotide sequence in deduced amino acid sequence of a                            
              cDNA clone coding for BPL.  See Figure 4 of Kusui.  The examiner does not allege that                         
              Kusui teaches or suggests altering either the protein or DNA sequence described therein                       
              in the manner required by the claims on appeal.                                                               
                     Kunkel describes a procedure called site-specific mutagenesis which is capable of                      
              producing a site-specific mutation within a DNA sequence.  As explained in the last                           
              sentence of the abstract, this procedure can “potentially be used to examine the biological                   
              consequences of specific lesions placed at defined positions within a gene.”  The                             



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