Ex parte JANAKY et al. - Page 5




              Appeal No. 1996-2431                                                                                       
              Application 08/008,186                                                                                     
                     There are five rejections under 35 U.S.C. § 103, and each is founded on the                         
              combination of Channabasavaiah and Bajusz.  We view the examiner’s proposed                                
              combination of these two references as the dispositive issue in each of the rejections.                    
                     Channabasavaiah discloses a number of agonist and antagonist analogs of LHRH,                       
                                              6                                                                          
              including “[DLys(Chlorambucil) ]-LRH,” wherein the amino acid at position six of the native                
              decapeptide is replaced by D-Lys, and the D-Lys is conjugated in turn to the alkylating                    
                                                     2                      6                                            
              agent, chlorambucil (Chl); and “[Dphe ,DLys(Chlorambucil) ]-LRH,” wherein the amino acid                   
              at position two is additionally replaced by D-Phe.  According to the examiner,                             
              “Channabasavaiah does not expressly teach other alkylating agents such as D-Mel as                         
              claimed.”  Examiner’s Answer, page 5.                                                                      
                     Bajusz teaches that “highly potent alkylating analogues of LH-RH” were obtained                     
              when “the D enantiomer of Mel was incorporated into position 6 of the native hormone and                   
                                                                         6                                               
              some of its antagonistic analogues.”  In addition, “[D-Mel ]LH-RH . . . showed high affinities             
              for the membrane receptors of . . . human breast cancer cells, human prostate cancer cells,                
              and rat Dunning R-3327 prostate tumor cells” and “exerted cytotoxic effects on human and                   
              rat mammary cancer cells in vitro.”  Abstract.                                                             
                     The examiner believes that “it would have been obvious to one having ordinary skill                 
              in the art at the time the invention was made to replace the alkylating agent, Chl in the                  
              peptide sequence of Channabasavaiah with another alkylating agent [such] as D-Mel such                     
              that a peptide with high affinity to cancer receptor cells is obtained as per the teachings of             


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