Appeal No. 2001-1957 Page 3
Application No. 08/479,849
Janda “teach that the antigens used to make a catalytic antibody may
‘structurally resemble high-energy intermediate species anticipated in a chemical
reaction’ … or be ‘structurally analogous to the preselected’ bond that it is
desired to modify….[’]” In addition the examiner finds (id.) Benkovic and Janda
teach “that phosphonamidates … and phosphonate groups … may be used in
antigens.” With regard to Lura, Stephenson, Geiger, and Kossiakoff, the
examiner finds (id.) “[t]he secondary references teach that certain peptide bonds
are metastable and outline certain intermediates that they may go through in
reacting.”
Based on this evidence, the examiner concludes (Answer, pages 3-4):
It would have been obvious to one of ordinary skill in the art
to use the teaching of the primary references that analogs of
the substrate, and specifically phosphonamidates or
phosphonates, may be used as antigens to produce catalytic
antibodies along with the secondary reference that teach
specific metastable peptide bonds and several intermediate
transition states, to make the claimed invention.
Stated differently, the examiner maintains (Answer, page 7) “that the ordinary
artisan would have combined the instant references to make the instant claims
obvious.”
In response, appellants argue (Brief, page 13), “Benkovic and Janda
simply fail to teach or suggest the claimed invention, and there is no motivation
or reasonable expectation of success of modifying Benkovic and Janda to derive
the claimed invention.” Appellants find (Brief, page 9), “the peptide bonds of
Janda and Benkovic are not metastable peptide bonds, as they do not have a
natural propensity toward spontaneous cleavage.” In addition, appellants find
necessary in this appeal.
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