Appeal No. 1995-1993
Application 07/661,370
precisely where in an FIV genome the env coding sequence may be found.” Answer, p. 6.
As to Theory II, the examiner’s conclusion of obviousness is based on his finding
that Starcich demonstrates that the env protein of HIV and FIV “share striking similarities.”
Answer, p. 11. The examiner argues that Starcich teaches “the nucleotide and deduced
amino acid sequences of the env gene from five independent HIV isolates, characterizing
hypervariable regions on the basis of deduced polypeptide secondary structure and
observed genetic variation as well as less variable regions and conserved regions on the
same bases [sic, basis].” Answer, p. 8. The examiner further argues that four N-linked
glycosylation sites adjacent to the cysteine pairs are conserved. Id., p. 10. According to
the examiner, “Mere visual comparisons of the deduced amino acid sequences of the
FIV env gene taught by Talbott et al. and of the HIV env gene taught by Starcich et al.
would readily indicate to one of ordinary skill in the art that two mutually conserved cysteine
residues are present in the regions carboxyl-proximal to the mutually conserved proteolytic
processing sites of FIV and HIV, since both pairs of cysteines are approximately 86 amino
acids distant from the conserved cleavage sites and separated by five amino acids in the
HIV isolates and by six in the FIV strain” [emphasis added]. Answer, p. 9. Having made
this finding, the examiner then urges that Pauletti and Modrow demonstrate that antigenic
epitopes present in a region of the HIV env protein correspond to the FIV 0.4 envelope
protein.
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