Ex parte PAVLAKIS et al. - Page 9

              Appeal No. 1995-2723                                                                                            
              Application 07/858,747                                                                                          

                      As to Wisdom, appellants urge that (Principal Brief, page 9):                                           
                      Wisdom et al. do not teach or suggest using multiple mutations of the                                   
                      instability region to increase stability.  Wisdom et al. is limited to the use of                       
                      either (1) a single mutation in the translation initiation codon from ATG to                            
                      ATC, which prevents translation of the mRNA or (2) the use of translation                               
                      inhibitors to reduce the effect of the INS present in the c-myc gene.  This is                          
                      no hint that would lead one skilled in the art to known that multiple point                             
                      mutations would reduce the effect of INS. ... Furthermore, there would be no                            
                      motivation to use multiple point mutations to reduce the effect of the INS                              
                      once the use of single point mutation (which prevents translation) or the use                           
                      of translation inhibitors were shown to be effective.                                                   
                      We do not agree that Wisdom should be given such a limited reading.   Wisdom                            
              does disclose that a single point mutation in the coding region of the gene effects                             
              translation and the stability of the resulting rRNA.                                                            
                      Appellants urge that:                                                                                   
                      [t]here are no teachings, explicit or implicit, in either Schwartz et al. or                            
                      Wisdom et al. which would lead one of ordinary skill in the art to combine                              
                      their teachings with Hatfield et al., to generate Applicants' invention.                                
              We are not persuaded.  As we have stated, both Schwartz and Wisdom had suggested                                
              teach the use of mutagenesis of the INS region of a gene to study the effects of the mRNA                       
              which result from the transcription of that gene.  This the modification of nucleotide                          
              sequence in the INS region of the gene is intended to modify or eliminate the instability or                    
              inhibitory effect of that part of the resulting mRNA.  Thus, whether one of ordinary skill in the               
              art chose to modify, through mutagenesis, the INS region of a gene using deletion mutation                      
              or multiple point mutation in order to reduce the inhibitory or instability causing effect of this              


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