Appeal No. 1999-1774
Application No. 08/487,183
amino acid sequences and produce light of different colors ranging from green to
orange. Specification, page 7. The specification discloses numerous mutants of
P. plagiophthalamus luciferase. See pages 13-16. The disclosed mutants
contain amino acid variations which differ from those that occur naturally, and
which affect the color of light produced by the mutant luciferases. See id.
Discussion
The claims are directed to mutants of P. plagiophthalamus luciferase.
Claims 1-17, 20-23, 25-27, and 29 are directed to mutants which have an amino
acid substitution in a position that does not vary in the naturally occurring
variants. Claim 33 is directed to a mutants which have a different amino acid
substitution compared to the naturally occurring variants, albeit in one of the
amino acid positions known to vary among the naturally occurring variants.
The examiner rejected all of the claims as obvious over the Wood
dissertation and Wood (1989). The examiner reasoned that the Wood
dissertation discloses cloning of naturally occurring P. plagiophthalamus
luciferase variants and suggests that such variants, producing light of different
colors, would be useful as reporter genes. Examiner’s Answer, pages 5-6. The
examiner noted that the Wood dissertation shows that changes in the amino acid
positions recited in claim 33 (i.e., positions 223, 238, and 247) account for most
of the difference in color between the naturally occurring luciferase variants.
Therefore, the examiner reasoned that
one of ordinary skill in the art would reasonably expect that these
positions must be important for defining the environment
surrounding the luciferi n substrate and therefore the color of the
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