Ex Parte KEENE et al - Page 3



                  Appeal No. 2000-2269                                                           Page 3                    
                  Application No. 08/862,337                                                                               

                         [S]uitable antigen binding proteins [e.g., antibodies] are . . .                                  
                         combined with a degenerate pool of nucleic acid species. . . .                                    
                         The pool may be formed of DNA molecules or RNA molecules,                                         
                         with pools of RNA molecules currently preferred. . . .  Each                                      
                         nucleic acid species in the pool includes a degenerate segment                                    
                         of nucleotides . . . in which each degenerate nucleotide position                                 
                         is randomly assigned. . . .                                                                       
                         Combining the anti-peptide antigen binding protein with the                                       
                         degenerate pool may be facilitated by immobilizing the antigen                                    
                         binding protein on a solid support and contacting the degenerate                                  
                         pool . . . to the solid support. . . .                                                            
                         Typically, . . . the step of combining the degenerate pool with the                               
                         antigen binding protein is followed by the step of separating nucleic                             
                         acid species bound to said solid support (e.g., by washing away                                   
                         any unbound nucleic acid species, then eluting nucleic acid species                               
                         bound to the solid support); then producing a pool of                                             
                         complementary nucleic acids from said nucleic acid species                                        
                         separated from said solid support (e.g., reverse transcribing a pool                              
                         of cDNAs from a DNA or RNA pool), then amplifying the pool of                                     
                         complementary nucleic acids to produce a subset degenerate pool                                   
                         of nucleic acid species. . . .  This sequence of steps may be                                     
                         cyclically repeated to produce numerous subset degenerate pools.                                  
                  Specification, pages 10-12.                                                                              
                                                       Discussion                                                          
                         According to Appellants, the claims stand or fall in two groups:  product                         
                  claims 26-34 stand or fall together and the remaining claims (directed to                                
                  methods) stand or fall together.  Appeal Brief, page 5.  Therefore, we will limit our                    
                  consideration to claims 1 and 26.  Claim 1 is directed to the disclosed process of                       
                  producing nucleic acid mimetics for non-nucleic acid immunogens; i.e., a process                         
                  of producing a nucleic acid that is “immunologically cross-reactive with an                              
                  immunogen,” by combining an antigen-binding protein with a degenerate pool of                            
                  nucleic acids, and recovering a nucleic acid that binds the antigen-binding protein                      





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