Appeal No. 2001-1957 Page 2
Application No. 08/479,849
15. An antigen comprising an epitope for eliciting a catalytic antibody,
wherein said catalytic antibody is immunologically cross reactive to an
amino acid sequence of said epitope at or adjacent to the site of a
naturally occurring metastable peptide bond, wherein said epitope
comprises an analog of said metastable peptide bond, said analog
comprising a chemical group selected from the group consisting of a
difluoroketone, a phosphoramidate, and a phosphonate wherein said
chemical group mimics a substrate for metastable peptide bond
hydrolysis.
The references relied upon by the examiner are:
Benkovic et al. (Benkovic) 4,900,674 Feb.13, 1990
Geiger, Terrence et al. (Geiger), “Deamidation, Isomerization, and Racemization
at Asparaginyl and Aspartyl Residues in Peptides,” J. Biol. Chem., Vol. 262,
No. 2, pp. 785-794 (1987)
Janda, Kim D. et al. (Janda), “Induction of an Antibody That Catalyzes the
Hydrolysis of an Amide Bond, “ Science, Vol. 241, pp. 1188-1191 (1988)
Kossiakoff, “Tertiary Structure Is a Principal Determinant to Protein
Deamidation,” Science, Vol. 240, pp. 191-194 (1988)
Lura, Richard et al. (Lura), “Role of Peptide Conformation in the Rate and
Mechanism of Deamidation of Asparaginyl Residues,“ Biochemistry, Vol. 27,
pp. 7671-7677 (1988)
Stephenson, Robert C. et al. (Stephenson), “Succinimide Formation from
Aspartyl and Asparaginyl Peptides as a Model for the Spontaneous Degradation
of Proteins,” J. Biol. Chem., Vol. 264, No. 15, pp. 6164-6176 (1989)
GROUND OF REJECTION
Claims 15-25 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Benkovic or Janda in view of Lura, Stephenson, Geiger or Kossiakoff.
We reverse.
DISCUSSION
On this record, the examiner finds (Answer, page 3) that Benkovic and
2 In accordance with 37 CFR § 1.194(c), the Board decided that an oral hearing was not
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