Appeal No. 1999-1157
Application No. 08/482,321
binds to its aporepressor to form an active repressor complex which, in turn, binds
to the operator, closing down the pathway in its entirety.” It is this point of control
that is relevant to appellants’ construct as demonstrated by the results obtained in
figure 7 of the specification.
We do not agree with the examiner’s position (Answer, page 9) that an
“analogous mechanism [to tryptophan regulation of the trp promoter-operator] is not
available in the lac promoter-operator system.” As explained by appellants5 during
prosecution of the 07/773,740, of which this case is a File Wrapper Continuation:
The attenuator-deleted operon is bereft of the attenuator control
system (it’s deleted), so control only operates through the trp
repressor. This situation is no different than the lac repressor
controlling the expression of the lac promoted protein where, IPTG is
used to derepress lac and promote expression, just as trp deprivation
promotes expression from the trp promoter.”
5 Paper No. 34, received May 26, 1982, at page 3.
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