Ex Parte YOULE et al - Page 2


                 Appeal No.  2001-0733                                                        Page 2                   
                 Application No. 09/095,429                                                                            

                 15. An isolated nucleic acid molecule encoding a recombinant ribonuclease                             
                 from Rana pipiens oocytes (rOnc protein), comprising:                                                 
                        a polypeptide of SEQ ID NO: 1 having a glutamine residue at position 1, a                      
                 hydrophobic residue other than methionine at position 23, a lysine at position 9,                     
                 a histidine at position 10, a histidine at position 97, a lysine at position 31, a                    
                 phenylalanine at position 98, and a threonine at position 35, and no more than a                      
                 single conservative amino acid substitution at other than positions 1, 9, 10, 23,                     
                 31, 35 and 98, wherein the conservative amino acid substitution does not                              
                 introduce a methionine into the polypeptide; and                                                      
                        a methionine at position -1 that can be subsequently cleaved to allow                          
                 cyclization of the glutamine residue at position 1 to form a pyroglutamyl residue,                    
                 such that the resulting protein is ribonucleolytic and cytotoxic.                                     
                        Claims 17-19 are drawn to a method of making the polypeptide by                                
                 expressing the claimed nucleic acid.  Claim 20 is drawn to a host cell that                           
                 expresses the nucleic acid molecule of claim 15, and claims 21 and 22 are                             
                 drawn to expression vectors.  Claims 16, 18 and 22 specify that the encoded for                       
                 polypeptide has a leucine at position 23.                                                             
                        The examiner relies upon the following references:                                             
                 Ardelt et al. (Ardelt) “Amino Acid Sequence of an Anti-Tumor Protein from Rana                        
                 Pipiens Oocytes and Early Embryos,”  The Journal of Biological Chem.                                  
                 Vol. 266, No.1 pp. 245-251 (1991)                                                                     
                 Mosimann et al. (Mosimann) “Refined 1.7 Å X-ray crystallographic structure of P-                      
                 30 protein, an amphibian ribonuclease with anti-tumor activity,”  J. Mol. Biol                        
                 Vol. 236 pp.1141-1153 (1994)                                                                          
                 Creighton “Protein: Structure and Molecular Properties,” second edition, W.H.                         
                 Freeman and Company, New York pp. 9, 62 and 63 (1993)                                                 
                 Rybak et al. (Rybak) “Cytotoxic Onconase and Ribonuclease A Chimeras:                                 
                 Comparision and in Vitro Characterization,” Drug Delivery, Vol. 1, pp. 3 –10                          
                 (1993)                                                                                                









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