Appeal No. 2003-0395 Page 2
Application No. 09/374,704
Feng et al. (Feng), “Hin Recombinase Bound to DNA: The Origin of Specificity in Major
and Minor Groove Interactions,” Science, Vol. 263, pp. 348-355 (January 21, 1994)
Parks et al. (Parks), “Recognition of 5'-(A,T)GG(A,T)2-3' Sequences in the Minor Groove
of DNA by Hairpin Polyamides,” J. Am. Chem. Soc., Vol 118, pp. 6153-6159 (1996)
Trauger et al. (Trauger), “Extension of Sequence-Specific Recognition in the Minor
Groove of DNA by Pyrrole-imidazole Polyamides to 9-13 Base Pairs,” J. Am. Chem.
Soc., Vol 118, pp. 6160-6166 (1996)
Swalley at al. (Swalley), “Recognition of a 5'-(A,T)GGG(A,T)2-3' Sequence in the Minor
Groove of DNA by an Eight-Ring Hairpin Polyamide,” J. Am. Chem. Soc., Vol 118, pp.
8198-8206 (1996)
Claims 1, 3-19, 25 and 26 stand rejected under 35 U.S.C. § 103 as unpatentable
over Swalley, Parks, Trauger and Feng.
We reverse.
BACKGROUND
“Several approaches for the development of synthetic ligands which interfere
with protein-DNA recognition have been reported” (Specification, page 2). Polyamides
have been found . . . to inhibit transcription factor binding and expression of a
designated gene” (id.) “in cases where contacts in the minor groove are important for
protein-DNA binding affinity” (id., page 3). “Polyamides containing N-methylpyrrole (Py)
and N-methylimidazole (Im) amino acids bind to predetermined sequences in the minor
groove of DNA with affinities and specificities comparable to naturally occurring DNA
binding proteins . . . Sequence specificity is determined by a code of oriented side-by-
side pairings of the Py and Im amino [acids] . . . An Im/Py pairing targets a G•C base
pair, while [a] Py/Im pair recognizes C•G. The Py/Py pair is degenerate and targets
both A•T and T•A base pairs” (id., pages 1-2), thus, “Py/Im polyamides offer a
potentially general approach for gene regulation, provided that efficient inhibition of
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