Appeal No. 2003-1307 Page 3
Application No. 09/420,785
We note, however, that the instant application is a divisional application of
Application No. 08/807263, now United States Patent No. 5,985,627 (‘627).
Since the specification of the divisional application is the same as the instant
specification, we refer to the specification and claims of the divisional application
to illustrate that the appellants’ specification provides an adequate description of
the claimed invention. Claim 18 of the ‘627 patent is drawn to:
A modified carboxypeptidase Y, comprising at least one
substitution in an S1 subsite with an amino acid having a negatively
charged side chain and at least one substitution of an amino acid
residue capable of interacting with a peptide substrate P3 residue
wherein the substitution introduces an amino acid having a
negatively charged side chain wherein at least one substitution in
the S1 subsite and at least one substitution of an amino acid
residue capable of interacting with a peptide substrate P3 residue
are different.
Claim 18 of the ‘627 patent appears to be of substantially greater scope than
claim 24 now on appeal. Note, in contrast to appellants’ claim 24, claim 18 of
the ‘627 patent does not require that the “modified carboxypeptidase Y is derived
from the peptide having the sequence of SEQ ID NO: 4.”
We also note that three (N241, L245, and L178) of the four substituted
amino acid residues are accounted for in claim 24 of the ‘627 patent:
24. The modified carboxypeptidase of claim 18, wherein at least one
substitution in the S1 subsite is at amino acid residue L178, W312,
N241, or L245.
While the claims of the ‘627 patent do not include a limitation to L178S and
M398L, we note that these limitations are disclosed at page 10, lines 4-5, page
16, lines 7 and 24-25 of appellants’ specification.
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007