Ex Parte CUNNINGHAM et al - Page 4


                  Appeal No. 2003-1469                                                            Page 4                     
                  Application No. 08/479,886                                                                                 

                  and/or 2.”  Page 3.  “[T]he residues falling within the site 1 domains remain                              
                  unmodified (in the case of antagonists, in which only site 2 is disabled by                                
                  mutation) or, if modified, the changes to site 1 are selected so as to not disrupt                         
                  binding.  The reason is that it is not desirable in most embodiments to disable                            
                  site 1.  Instead the objective is to increase site 1 affinity by about 10% to greater                      
                  than 2 fold.”  Id.                                                                                         
                         The specification states that the reason site 1 binding should not be                               
                  disrupted is that “the receptors have been found to bind to these two sites in                             
                  sequential order, first one site (site 1) and then the other (site 2).  The reverse                        
                  order has not been found to occur.  This understanding is especially important for                         
                  the preparation of antagonist ligands.  It is important to preserve, if not enhance,                       
                  the affinity of the ligand for the first site.  Otherwise, the ligand analogue never                       
                  binds receptor at all.  On the other hand effective destruction or inhibition of the                       
                  second site binding is predicate for antagonist activity.”  Page 8.  Contrariwise, to                      
                  function as an agonist, a ligand analogue should have “mutations at sites 1                                
                  and/or 2 which increase the ligand affinity for one or both sites.”  Page 4.                               
                         The specification provides a table showing candidate substitutions for                              
                  naturally occurring amino acids, including specified amino acids that are                                  
                  preferred for the formation of agonists or antagonists.  See page 11.  The                                 
                  specification also provides working examples of growth hormone mutants                                     
                  showing the effect on receptor dimerization of substituting alanine for the                                
                  naturally occurring amino acid at various positions.  See Table 3.                                         







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