Appeal No. 1997-4379
Application No. 08/278,437
acids (id.). According to appellants,
"[t]he present invention would require very little if any experimentation and
certainly would not require ingenuity beyond that expected of one of
ordinary skill. The peptides can be made by the skilled artisan using the
chemical reaction "Schemes" detailed in the Specification and techniques
of peptide chemistry and synthetic procedures long known to skilled
artisans, as shown in the Edwards reference cited in the present file. The
Specification is replete with experimental procedures containing detailed
reactions conditions and a discussion of the procedures needed to
synthesize the claimed peptides, e.g., Scheme 1 on page 12 of the
Specification… There is little if any unpredictability in making the claimed
peptides. Such work is done numerous times each day, as shown by a
careful reading of the cited references (Appeal Brief, page 6).
The examiner counters that
"the prior art peptide is not the same as the instant peptide and does not
contain any of the instant various modifications that can be done on the
disulfide bridge and the amino acids structures surrounding the disulfide
bridge are defined. Accordingly, as argued, one can easily synthesize the
prior art peptide by the known solid or solution phase synthesis since the
residues flanking the disulfide bridge are known and the disulfide bridge is
not modified by any means (as compared to the instant unknown amino
acids and various disulfide bridge modifications)" (Examiner's Answer,
page 9).
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