Appeal No. 2002-1367 Page 13
Application No. 08/981,964
Although I do not agree completely with the examiner’s rationale, I do
agree with her conclusion. I believe Servouse provides sufficient evidence to tip
the balance of the evidence in the examiner’s favor. First, Servouse states
consistently that the experimental data suggest that ergosterol “represses”
ACoAT, or to state it a different way, an absence of ergosterol “induces” ACoAT.
See the following passages:
• “These results show that ergosterol could regulate its own
synthesis, at least partially, by repression of the first two enzymes
of the pathway [ACoAT and HMG-CoA synthase].” Abstract
(emphasis added).
• “From these observations, it can be concluded that ergosterol
starvation induces thiolase and synthase activities. Conversely,
ergosterol excess would repress the same enzyme activities.”
Page 546, left-hand column (emphasis added).
• “[I]n anaerobically grown cells where membranous systems are
poorly developed, sterol molecules (ergosterol or cholesterol . . .)
could enter the cell nucleus and repress enzyme synthesis.” Page
546, right-hand column (emphasis added).
My dictionary defines “repress” to mean, among other things, “to inactivate
(a gene or formation of a gene product) by allosteric combination at a DNA
binding site”; it defines “inducer” to mean “one that induces; especially: a
substance that is capable of activating a structural gene by combining with and
inactivating a genetic repressor.” Merriam-Webster’s Collegiate Dictionary,
Deluxe Edition (1998) (copies attached). These dictionary definitions show that
“repressing” and “inducing”, as used in the field of molecular biology, are
understood to refer to regulation of gene transcription.
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