Appeal No. 2003-1993
Application No. 09/470,526
The specification specifically describes the chemical structures of a
polynucleotide that encodes a polypeptide of SEQ ID NO:2 and a polynucleotide
comprising the coding sequence set forth in SEQ ID NO:1. The specification also
provides an example of how to screen for WEE1 activity, specification, Example 1,
pages 33-34 and Example 3. Contrary to the examiner's position, it would reasonably
appear that such a description in the specification would constitute sufficiently detailed,
relevant identifying characteristics of the claimed subject matter consistent with Enzo
(supra).
In our view, the examiner has failed to indicate why one of ordinary skill in the
art, who is in possession of the very specific chemical structures of a polynucleotide
that encodes a polypeptide of SEQ ID NO:2 and a polynucleotide comprising the coding
sequence set forth in SEQ ID NO:1, would be unable to recognize, upon reading the
disclosure, that appellants invented the claimed subject matter, including homologues
sharing structural features with the specifically claimed and disclosed structures.
The examiner relies on Aligue for the teaching that amino acids 363-408 of the
550 amino acid N-terminal regulatory domain of S. pombe WEE1 are critical to the
function of the regulatory domain. The examiner concludes that because “the
functional properties of WEE1 and other proteins reside in specific amino acid residues,
changes in these residues could have an effect on WEE1 function.” Answer, page 5.
9
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007