Appeal No.2001-2506 Page 3
Application No. 08/415,658
According to the examiner, Neal teaches recombinant DNA vectors that
produce high levels of carbamoylase and/or hydantoinase enzymes in
homologous or heterologous hosts, and their use in the production of D-I-amino
acids. The carbamoylase and hydantoinase genes as taught by Neal have a
nucleotide sequence that is identical to the genes of the present invention. See
Examiner’s Answer, pages 4-5. The rejection acknowledges that “the difference
between Neal et al., and the instant application is the choice of DNA vector into
which the A. radiobacter carbamoylase and hydantoinase genes are cloned, and
the choice microorganisms transformed with the vector.” See id. at 5. Based on
the teachings of Neal alone, the rejection concludes that
it would have obvious to one of ordinary skill in the art at the time
the invention was made to construct a high copy vector containing
the A. radiobacter carbamoylase and hydantoinase genes,
transform homologous and heterologous host cells, express the
encoded enzymes, and produce D-I-amino acids from 5-
substituted hydantoins in a culture system, because insertion of
these genes into a functionally similar high copy vector would be
expected to result in high levels of expression of both genes, in
either A. radiobacter or E. Coi. Although the preferred vector
disclosed in this application is pSM671, a vector containing both
the A. radiobacter carbamoylase and hydantoinase genes could be
constructed “from plasmids, cosmids and bacteriophages known in
the art” (see instant application page 11, lines 22-25). Also, it
would have been obvious to one of ordinary skill in the art at the
time the invention was made to express the A. radiobacter
carbamoylase and hydantoinase genes using a non-inducible
promoter because Neal [ ] explicitly suggests the use of non-
inducible promoters to optimize the expression of active, soluble
A. radiobacter carbamoylase in E. Coli without the expense and
inconvenience of chemical inducers. (see page 9, lines 19-23).
Id. at 5-6.
Nanba is cited for teaching the expression of the A. radiobacter
carbamoylase gene in heterologous hosts such as B. subtilis, among others.
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