Ex Parte BAIRD et al - Page 1



                          The opinion in support of the decision being entered today was not written               
                                  for publication and is not binding precedent of the Board.                       
                                                                                       Paper No. 27                

                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                  __________                                                       

                             BEFORE THE BOARD OF PATENT APPEALS                                                    
                                           AND INTERFERENCES                                                       
                                                   __________                                                      
                               Ex parte ELDON E. BAIRD and PETER B. DERVAN                                         
                                                  ___________                                                      
                                              Appeal No. 2003-0395                                                 
                                           Application No. 09/374,704                                              
                                                   __________                                                      
                                                    ON BRIEF                                                       
                                                   __________                                                      
             Before WILLIAM F. SMITH, SCHEINER and GRIMES, Administrative Patent Judges.                           
             SCHEINER, Administrative Patent Judge.                                                                
                                             DECISION ON APPEAL                                                    
                    This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of                 
             claims 1, 3-19, 25 and 26.  Claims 20-24, also pending, have been allowed.                            
                    Claims 1 and 8 are representative of the subject matter on appeal:                             
                    1. A polyamide molecule that specifically binds to base pairs in the minor groove              
             of a DNA molecule, said polyamide molecule comprising:                                                
                    one or more amino acids comprising a moiety selected from the group consisting                 
             of N-methylpyrrole, 3-hydroxy-N-methylpyrrole, and N-methylimidazole, wherein one or                  
             more of said amino acid(s) are not "-amino acids; and                                                 
                    a positive patch consisting of a rigid group adjacent to a positively charged                  
             group, said rigid group comprising a first and a second amino acid; said first amino acid             
             being selected from the group consisting of arginine, proline, lysine, and hydroxyproline;            
             said second amino acid being selected from the group consisting of proline, glycine,                  
             serine, threonine, leucine, isoleucine, valine, alanine, and hydroxyproline.                          
                    8.  The polyamide of claim 1 wherein the positive patch comprises the amino acid               
             sequence Arg-Pro-Arg.                                                                                 

                    The references relied on by the examiner are:                                                  



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