Appeal No. 2005-1383
Application No. 09/364,847
polymerase gene which is involved in PHA biosynthesis, col. 22, lines 12-15)(see,
pAeP1 and pLAP1); or (ii) a promoter derived from A. eutrophus (the PHB polymerase
or phbC promoter), the PHA polymerase structural gene (derived from P. oleovorans)
and the ORF2 and ORF3 regions of the PHA polymerase gene (see, pAeP2 and
pLAP2, and Figure 3). Accordingly, we find that this section of the patent also describes
fusion plasmids encoding catalytically active enzymes which act on a substrate in
successive reactions in a PHA biosynthetic pathway (viz., pAeP1 and pLAP1).
In addition to the cloned and characterized genes discussed above, Peoples
suggests a protein fusion comprising two catalytically active enzymes in the PHA and
PHB biosynthetic pathways; i.e., a fusion of the PHA and PHB polymerase structural
genes. Peoples, col. 23, lines 20-22. Peoples does not suggest a protein fusion of the
catalytically active enzymes which act on substrate in successive reactions in a PHA
biosynthetic pathway discussed above; this suggestion comes from Bülow.
To that end we find, and the appellants do not disagree, that Bülow suggests the
construction of fusion proteins comprising two or more enzymes involved in sequential
reactions. Bülow discloses that the use of enzymes catalyzing sequential reactions “is a
feature of many biotechnological production processes and biochemical analyses.”
Bülow, p. 226, col. 1, first sentence; see also, the entire para. Bülow further discloses
the importance of “generating physical proximity between the enzymes (e.g. by co-
immobilization of two or more enzymes to a matrix or support) [as it] often provides . . .
highly attractive properties [such as] stabilization and re-usability of the biocatalyst, [as
well as] improv[ing] the kinetic characteristics of the reaction.” Id., para. bridging
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