Ex parte WONG et al. - Page 4





                   Appeal No. 1996-1959                                                                                                
                   Application No. 07/946,546                                                                                          

                           compounds such as the eight and nine-carbon sugar moieties KDO and                                          
                           KDN are major constituents of non-mammalian tissues.                                                        
                                   N-Acetylneuraminic Acid (NeuAc) aldolase, also commonly referred                                    
                           to as sialic acid aldolase is a type I aldolase known to form an enamine                                    
                           intermediate with pyruvate, which reversibly reacts with the second substrate                               
                           N-acetylmannosamine to give NeuAc…                                                                          
                                   Neu-Ac aldolase is known to accept many aldoses as acceptor                                         
                           substrates.  In all previously known aldol condensation reactions with such                                 
                           acceptor substrates, the eneamine [sic] intermediate approaches the si face                                 
                           of the incoming aldehyde substrate to form a new stereogenic center of S                                    
                           configuration….                                                                                             
                                   Based on such current knowledge concerning aldolase                                                 
                           stereoselectivity, therefore, NeuAc aldolase is considered to be useful for                                 
                           only the production of S-sugars having S configuration.  As is disclosed                                    
                           hereinafter, NeuAc aldolase has now unexpectedly been found to be capable                                   
                           of the production of certain ketoaldonic acids having a formed stereogenic                                  
                           center of R configuration.                                                                                  
                   Specification, page 2, line 26 to page 3, line 35.                                                                  
                           N-Acetylneuraminic acid (NeuAc) aldolase, is known to accept many aldoses                                   
                   as acceptor substrates to form stereogenic centers of S configuration.  Despite the                                 
                   recognized stereoselectivity of NeuAc aldolase, Appellants have found that it is                                    
                   possible to produce ketoaldonic acids having a formed stereogenic center of R                                       
                   configuration when NeuAc aldolase catalyzes the condensation of pyruvate and                                        
                   certain five or six carbon L-configured acceptor substrate aldoses (Id., page 4 and                                 
                   page 9, lines 7-14).  The compounds of the present claims have a formed                                             
                   stereogenic center of R configuration created by the re attack of pyruvate on the                                   

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