Ex Parte MAKOWSKI et al - Page 5


                 Appeal No.  2002-0796                                                         Page 5                    
                 Application No. 09/110,994                                                                              

                        Petrenko is cited by the rejection for teaching a method of screening a                          
                 ligand, i.e., dioxin, and identifying peptides that bind to it through the use of a                     
                 peptide library.  As noted by the rejection, the peptide library of Petrenko is a                       
                 phage display library, wherein random octapeptides are generated at the end of                          
                 the major phage coat protein.  The rejection acknowledges that “Petrenko does                           
                 not recite identifying protein(s) which contain the portion of the translated peptide                   
                 sequences or proteins which correspond to a consensus peptide (motif)                                   
                 sequences of said translated library member peptide sequences, by statistical                           
                 analysis as recited.”  Examiner’s Answer, pages 4-5.                                                    
                        Ivanenkov is cited by the rejection for teaching that “method[s] of                              
                 identifying a protein from a peptide containing a consensus sequence or motif by                        
                 statistical analysis i.e., comparison of consensus peptide sequence(s) obtained                         
                 from a phage random library with the peptide structures present in a protein                            
                 sequence databank, specifically Gen Bank, is conventionally done in the art.”                           
                 Ivanenkov is also cited for teaching that using random peptide libraries “provides                      
                 a rapid means to identify target epitopes for a specific protein, for which there is                    
                 only limited information regarding its interactions, and raises the possibility that                    
                 this approach may be a broadly applicable method.”  Id. at 5.                                           
                        Sparks is cited by the rejection for teaching “a method of screening cDNA                        
                 libraries for ligand which allows for the identification of highly disparate protein                    
                 sequences possessing equivalent functional activities,” and that “the ability to                        
                 isolate entire repertoires of proteins containing particular modular domains will                       







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