Ex Parte MAKOWSKI et al - Page 7


                 Appeal No.  2002-0796                                                         Page 7                    
                 Application No. 09/110,994                                                                              

                 in a chemically specific manner.  See Petrenko, page 800, column 1.  Thus,                              
                 Petrenko describes a method as claimed by claim 1, except for the step of                               
                 “identifying protein(s) which contain a portion of the translated peptide sequences                     
                 or which correspond to the consensus peptide sequences derived from statistical                         
                 analysis of said translated library member sequences.”                                                  
                        Ivanenkov describes the isolation of short amino acid sequences that bind                        
                 to the Ca2+ binding protein, S-100b, by screening of a bacteriophage random                             
                 peptide display library.  See Ivanenkov, Abstract.  The reference teaches that in                       
                 order to determine whether naturally occurring proteins possess similar                                 
                 sequences to a consensus sequence found by screening the random phage                                   
                 library, the binding peptide isolates were compared with structures found in                            
                 GenBank.  See id. at 14653, column 2.  Sparks, as noted by the rejection,                               
                 teaches that “the ability to isolate entire repertoires of proteins containing                          
                 particular modular domains will prove invaluable both in molecular biological                           
                 investigations of the genome and in bringing new targets into drug discovery                            
                 programs.”  Sparks, page 743, column 1.                                                                 




                        Thus, we agree that the ordinary artisan would have been motivated to                            
                 combine the teachings of Petrenko, Ivanenkov and Sparks in order to determine                           
                 known proteins that have sequences that may be capable of binding to small                              
                 ligands, such as dioxin.  As taught by Ivanenkov, comparing the consensus                               
                 sequence to the sequences contained in GenBank allows for the identification of                         





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