Ex Parte MAKOWSKI et al - Page 11


                 Appeal No.  2002-0796                                                        Page 11                    
                 Application No. 09/110,994                                                                              

                        up on this result by screening GenBank for proteins containing                                   
                        EPFP and discovered that the aryl hydrocarbon receptor (AhR),                                    
                        known to bind dioxin, has a motif with a similar sequence.  The                                  
                        applicants have further shown that the sequence EPFP allows the                                  
                        identification of leukemia inhibitory factor (LIF) as a potential target                         
                        of dioxin, and have now demonstrated that dioxin does indeed bind                                
                        to LIF with at least micromolar affinity.                                                        
                 Id. at 31 (emphasis added).                                                                             
                        Appellants also argue that the combination provides no reasonable                                
                 expectation of success at arriving at the method of claim 1.  Specifically,                             
                 appellants argue that Sparks and Ivanenkov disclose methods for identifying                             
                 proteins based on protein-protein interaction, which are different from protein-                        
                 ligand interactions as instantly claimed.  Appellants contend that the amino acids                      
                 which form the binding sites for small ligands must often be presented as a                             
                 “scaffold,” and one of ordinary skill in the art would have no reason to expect that                    
                 “a peptide library could sufficiently present binding site amino acids in the correct                   
                 scaffold,” while appellants assert that they have demonstrated that such correct                        
                 presentation does occur.  Appeal Brief, page 11.  Appellants urge that, thus, “one                      
                 of ordinary skill in the art would expect that any consensus binding sequence                           
                 derived from such peptide libraries would be highly artificial and specific to the                      
                 presentation system used, rather than similar to a binding site occurring on a                          
                 natural protein target of the small organic ligand.”  Id.  Appellants argue further                     
                 that one of ordinary skill in the art would not expect that the library data                            
                 generated by Petrenko to be amenable to the analysis of Ivanenkov and Sparks                            
                 to find natural protein targets of biologically active small molecules.  See id.                        







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