Appeal No. 2001-1378
Application No. 08/832,571
expected increase in PI 3-kinase activity, since it brings the enzyme into closer contact
with its substrates.
Appellants have failed to provide sufficient argument and/or evidence to rebut the
examiner's prima facie case of obviousness. On balance, we believe that the totality of
the evidence and argument presented by the examiner and appellants weighs in favor
of finding the claimed invention obvious in view of the cited references. The rejection of
the claims for obviousness of the claimed invention over Hu in view of Kapeller,
Varticovski and Aronheim is affirmed.
35 U.S.C. § 103(a)
Claims 1-9, 15-16, 22-30 and 33-34 stand rejected under 35 U.S.C. § 103(a) as
obvious over Klippel 93 and 94 in view of Kapeller, Varticovski and Aronheim.
Klippel 94 is relied on by the examiner for the disclosure of separate constructs
encoding the p110 and p85 subunits of PI 3-kinase, as well as p85 subunit fragments
containing the iSH2 domain. Klippel 94 shows that p110, in combination with either
p85 or its fragments containing the iSH2 domain, has PI 3-kinase activity in vivo.
Klippel 94, page 2682, col. 1, Answer, page 5. Klippel 94 also teaches cells expressing
said constructs and a method for making 3' phosphorylated PI lipid by incubating the
enzyme with substrate. Answer, pages 5-6. The examiner acknowledges that Klippel
does not teach constructs comprising DNA encoding a membrane targeting sequence
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