Appeal No. 2001-0940 Page 4
Application No. 08/467,712
Yomo describes a “ternary conjugate” comprising an oxidoreductase modified by
conjugation with NAD and ethylphenazine (EP). As explained by the examiner, “[t]he
conjugate can be cycled from a state where the bound NAD is reduced to NADH,
followed by reoxidation of the NADH by EP, whereupon the reduced EP can be
reoxidized and detected with [a chromogen].” Paper No. 4, page 5.
Appellant argues that the reactions of the present invention [and Nacamulli] “are
vastly different” from the reaction described by Yomo. Brief, page 12. In particular,
appellant argues that both the present invention and Nacamulli “measure the reaction
rates of oxidoreductases that generate NADH through an [electrochemiluminescence]-
generating reaction of reactive intermediates formed from NADH and Ru(bpy)3 at an
oxidizing electrode” and “[t]he mechanism for this process may be represented as
follows:”
+3
(a) Ru(bpy)3+2 - e- (at electrode) –> Ru(bpy)3
(b) NADH - e- (at electrode) –> NAD• + H+ [ ]
(c) Ru(bpy)3+3 + NAD• –> Ru(bpy)3 +2 + NAD+ + light
Reply Brief, page 13.
Yomo, on the other hand, produces a semisynthetic glucose oxidase by forming
a ternary complex comprising glucose dehydrogenase, NADH and EP, in which,
according to appellant, EP acts as an electron mediator and “accepts two electrons from
NADH and transfers them to molecular oxygen, causing the ternary complex to function
as a glucose oxidase . . . as follows:”
(a) NAD-GDH-EP + glucose –> NADH-GDH-EP + gluconic acid
(b) NADH-GDH-EP –> NAD-GDH-EP (reduced) (2e- reduction of EP by NADH)
(c) NAD-GDH-EP (reduced) + O2 –> NAD-GDH-EP + H2O2
Reply Brief, pages 13 and 14.
According to the examiner, however, “it would have been prima facie obvious . . .
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