Ex Parte CUNNINGHAM et al - Page 4


                 Appeal No. 2003-1668                                                        Page 4                   
                 Application No. 08/479,883                                                                           

                 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.  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 amino acid                               
                 substitutions 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 in                       
                 place of the naturally occurring amino acid at various positions.  See Table 3.                      
                                                     Discussion                                                       
                        Claims 46 and 54 are representative.  Claim 46 is directed to a variant of a                  
                 mammalian growth hormone, having at least two mutations in the receptor-                             
                 interacting “site 2” region.  Claim 54 is also directed to a mammalian growth                        





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