Ex Parte SIRTORI et al - Page 6


                    Appeal No. 2002-1547                                                                     Page 6                       
                    Application No. 09/259,434                                                                                            

                    chromatography on a “Sephacryl S-200 column (2.6 x 150 cm),” followed by                                              
                    chromatography on a “Thiopropyl-Sepharose column.”  See pages 10-11.  When                                            
                    the monomers were dimerized, the resulting compositions comprised no more                                             
                    than 36.1% dimers.  See pages 12-13.                                                                                  
                            Sirtori discloses purification of recombinant Apo AI-M by chromatography                                      
                    on either a “Sephacryl S-200 column and/or an anti-apo AI-Sepharose column.”                                          
                    Page 12.  The examiner has pointed to no other disclosure in Sirtori that would                                       
                    teach or suggest other purification methods to those skilled in the art.  Nor has                                     
                    the examiner presented evidence that either of the disclosed methods would                                            
                    purify Apo AI-M dimers to at least 90% homogeneity.  The evidence, in fact, is to                                     
                    the contrary.  The instant specification discloses that Sephacryl S-200                                               
                    chromatography does not result in a purified dimer preparation, but rather                                            
                    produces monomers that must be oxidized to produce even a reasonable (36%)                                            
                    amount of dimers.                                                                                                     
                            In addition, Sirtori analyzed the purified Apo AI-M by circular dichroism                                     
                    (CD) spectroscopy and found that it had an α-helix content of 43%, lower than                                         
                    the 52% found for normal Apo AI.  See page 12.  The instant specification, on the                                     
                    other hand, discloses that purified Apo AI-M dimers have an α-helix content of                                        
                    52.2% to 57.8%, depending on protein concentration.  See page 22.  The CD                                             
                    spectroscopy data provide further evidence that Apo AI-M composition disclosed                                        
                    by Sirtori does not contain Apo AI-M dimers purified to at least 90%                                                  
                    homogeneity.                                                                                                          







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