Appeal No. 2001-1436 Page 8
Application No. 08/422,612
not in the applicant’s disclosure.” In re Dow Chemical Co., 837 F.2d 469, 473, 5
USPQ2d 1529, 1531 (Fed. Cir. 1988) (citations omitted).
As we have noted, the examiner did a commendable job in this case. We
nonetheless conclude that the § 103 rejection is not supported by a
preponderance of the evidence in the record. We are persuaded, specifically, by
Appellants’ argument based on the Dietzel reference. See the Appeal Brief,
pages 46-57 and the Reply Brief, pages 3-7. We agree with Appellants that
Dietzel would have led those skilled in the art to expect that a mammalian G
protein-coupled receptor would not be functional in Dull’s assay method if
expressed in a yeast cell.
The exhibit attached to the Examiner’s Answer shows how the G protein
system generates an intracellular signal in response to an extracellular ligand.
The G protein consists of three subunits (α, β, and γ). In the resting state, the α
subunit associates with the other subunits and with a molecule of GDP. The
system also includes two other proteins (a receptor and an effector).
Signal transduction is turned on when the receptor binds its ligand.
Ligand binding causes the receptor to interact with the G protein’s α subunit and
cause it to exchange its GDP for GTP. This in turn causes the α subunit to
dissociate from the β and γ subunits, and bind to the effector protein. The
effector protein is activated and the appropriate signal is generated, until the α
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