Ex Parte BAIRD et al - Page 3



             Appeal No. 2003-0395                                                             Page 3               
             Application No. 09/374,704                                                                            
             DNA-binding can be achieved for a variety of transcription factors” (id., pages 1-2).                 
                    The present “invention relates to polyamides which bind to pre-determined sites                
             of the minor groove of double-stranded DNA and have an "-amino acid domain                            
             (“positive patch”) capable of inhibiting the activity of major groove DNA-binding proteins”           
             (id., page 1).  “[T]he positive patch comprises a rigid group joined to a positively                  
             charged group.  The rigid group positions the positively charged group such that” (id.,               
             page 17) “[the] positive patch [ ], upon binding of the polyamide to the minor groove of a            
             DNA molecule, is able to contact nucleotides in the major groove of [the] DNA molecule                
             . . . alter[ing] the conformation of [the] DNA molecule such that the function of a                   
             conformation-dependent DNA binding protein is inhibited” (id., page 6).                               
                                                  DISCUSSION                                                       
                    Claim 1 is directed to a polyamide molecule comprising (1) one or more amino                   
             acids selected from the group consisting of N-methylpyrrole, 3-hydroxy-N-methylpyrrole                
             and N-methylimidazole; and (2) a ”positive patch consisting of a rigid group adjacent to              
             a positively charged group,” wherein the rigid group comprises a first amino acid                     
             (arginine, proline, lysine or hydroxyproline) and a second amino acid (proline, glycine,              
             serine, threonine, leucine, isoleucine, valine, alanine or hydroxyproline).  Claim 8                  
             specifies that the positive patch comprises the amino acid sequence Arg-Pro-Arg.                      
                    Swalley, Parks and Trauger describe various synthetic polyamides, containing N-                
             methylpyrrole (Py) and N-methylimidazole residues in defined sequences, which                         
             recognize specific minor groove DNA sequences.  None of the synthetic polyamides                      
             includes the “positive patch consisting of a rigid group adjacent to a positively charged             







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