Appeal No. 1999-1221
Application No. 08/342-242
transcription (page 754-757, col. 1), and that a number of nuclear
oncoproteins, such as Jun, Myb, Myc, and Rel respond to signal
transduction (Fig. 11, page 759).
Examiner’s Answer, pages 5-6. The examiner concluded that it would have been
obvious
to monitor expression of Jun, Myb, Myc, and Rel early response
genes in the methods of Kruijer ([1984]) and Kruijer ([1985]) in
place of Fos to identify compounds which modulate of [sic] signal
transduction with a reasonable expectation of success in view of
the relationship between Jun, Myb, Myc, Rel and Fos in signal
transduction pathways. The skilled artisan would have recognized
that monitoring any of these early response genes would be
equivalent to monitoring Fos to identify signal transduction
modulators in general, since Sassone-Corsi et al. taught that they
shared an equivalent position in signal transduction pathways.
Examiner’s Answer, page 6.
We do not agree that Sassone -Corsi would have provided sufficient
motivation to practice the method disclosed by the Kruijer references with genes
of the Myb, Myc, Jun, or Rel gene families. Sassone-Corsi characterizes fos as
a “paradigm for early response genes” (see the title) and teaches that nuclear
oncoproteins, including Fos, Myc, Jun, and Rel have “possible involvement . . . in
response to signal transduction.” Figure 11 (emphasis added). Also, Sassone-
Corsi states that nuclear oncoproteins are part of a “complicated network” that
responds to external stimuli (i.e., signal transduction). Finally, Sassone-Corsi
states that “[t]he challenge in the next few years will be to understand the
complicated mechanism of signal transduction.” Id.
Sassone-Corsi cannot fairly be said to provide sufficient motivation to
those skilled in the art to modify the experiments disclosed by the Kruijer
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