Interference 102,728
that “n” is “0” or an integer which will generally vary from 1 to 4, usually 2 to 3. The ‘325
Application, p. 4, lines 13-14. In the DNA construct described in Count 1, the codons
which encode the “glu-ala” portion of the "-factor leader sequence have been
understood that it was immaterial whether the amino acid encoded by “GAT,” “GAG” or
“GAC” or “GAA” was present. To confirm this finding, we turn to a genetic dictionary
(see, e.g., BX 25), and we further find that “GAG” and “GAA” code for the same amino
acid. That is, both codons code for glutamine (glu). Doing the same for “GAT” and
“GAC,” we find that both codons code for aspartic acid (asp). Thus, we find that the
first codon “GAX” can only encode two (2) amino acids, glu and asp.
As to the second codon in the formula (YCX), we find that Brake 1 states that “Y”
can be “G” or “C.” “X” is as defined in the paragraph immediately above. Here, we find
that the second codon can be “GCX” or “CCX,” with “X” being any of the four
nucleotides. Turning to our genetic dictionary we find that “GCX,” i.e., “GCA,” “GCC,”
“GCG” and “GCT,” all code for the same amino acid- alanine (ala). Doing the same for
“CCX,” we find that all four possible codons, “CCA,” “CCC,” “CCG” and “CCT,” code for
the same amino acid- proline (pro). Thus, we find that the second codon “YCX” can
only code for two (2) amino acids, ala and pro.
Putting this altogether, we find one pair of the amino acids encoded by
(GAXYCX) to be quite familiar, i.e., the “glu-ala” pair which is discussed extensively
throughout this decision, as the recognition site in the " factor spacer sequence for the
DPAP A enzyme. Our next inquiry was to determine the significance of the remaining
two (2) amino acids, asp and pro. To that end, we find that Brake 1 discloses that the
DPAP A enzyme recognizes both X-ala and X-pro amino acid sequences. The ‘325
Application, p. 10, lines 10-17. Accordingly, it reasonably follows that it is immaterial
whether (GAXYCX) encodes “glu-ala” or “glu-pro.” Similarly, it reasonably follows that it
is immaterial whether (GAXYCX) encodes “asp-ala” or “asp-pro.” All four possible
amino acids sequences are functional equivalents because the DPAP A enzyme
recognizes each and every one of them.
We point out that in our analysis we find that “GAXYCX” can encode four
possible amino acid sequences when “n$1.” However, according to Singh, one skilled
in the art would have understood this nucleotide sequence to encode only two amino
acid sequences (glu-ala or asp-ala). Singh Opposition, Paper No. 30, p. 14. Assuming,
arguendo, that Singh is correct, this would indicate that those skilled in the art would
have understood the Brake 1 formula to encode a very small number of possible amino
acid combinations.
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