Ex Parte CUNNINGHAM et al - Page 2


                       Appeal No. 2003-1469                                                                                  Page 2                            
                       Application No. 08/479,886                                                                                                              

                                                   (a)      a first mutation including an amino acid substitution in                                           
                                                            a portion of said first ligand site selected from the                                              
                                                            group consisting of (i) amino acid residue L15, R16,                                               
                                                            R19 and Q22, (ii) the C-terminal 2/3 of the loop linking                                           
                                                            helices 1 and 2, and (iii) the C-terminal ½ of helix 4;                                            
                                                            and                                                                                                
                                                   (b)      a second mutation in a portion of said second ligand                                               
                                                            site selected from the group consisting of (i) the first                                           
                                                            third of helix 1 and (ii) the middle half of helix 3.                                              
                                          65.               A  nucleic acid encoding a variant of a wild type                                                  
                                                            growth hormone having a first binding ligand site and                                              
                                                            a second ligand binding site, said variant having non-                                             
                                                            naturally occurring amino acid sequences comprising:                                               
                                                   (a)      a first mutation including an amino acid substitution in                                           
                                                            a portion of said first ligand binding site selected from                                          
                                                            the group consisting of:                                                                           
                                                            (i)       amino acid residue L15, R16, R19 and Q22;                                                
                                                            (ii)      amino acids 46-71; and                                                                   
                                                            (iii)     amino acids 169-184, and                                                                 
                                                   (b)      a second mutation including an amino acid                                                          
                                                            substitution in a portion of said second ligand binding                                            
                                                            site selected from the group consisting of:                                                        
                                                            (i)       amino acids 1-15; and                                                                    
                                                            (ii)      amino acids 106-128.                                                                     
                                The examiner does not rely on any references.                                                                                  
                                Claims 49-52, 57-60, and 65-67 stand rejected under 35 U.S.C. § 112,                                                           
                       first paragraph, as nonenabled.                                                                                                         
                                We reverse.                                                                                                                    















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