Ex Parte Eisenberg et al - Page 2


              Appeal No. 2006-0189                                                                 Page 2                
              Application No. 09/825,242                                                                                 

                     “The x-ray crystal structure of Zif268, a three-finger domain from a murine                         
              transcription factor, has been solved in complex with a cognate DNA-sequence. . . . The                    
              structure suggests that each finger interacts independently with DNA over 3 base-pair                      
              intervals, with side-chains at positions -1, 2, 3 and 6 on each recognition helix making                   
              contacts with their respective DNA triplet subsites.”  Id.                                                 
                     “The structure of the Zif268-DNA complex also suggested that the DNA                                
              sequence specificity of a zinc finger protein might be altered by making amino acid                        
              substitutions at the four helix positions (-1, 2, 3 and 6) on each of the zinc finger                      
              recognition helices.”  Page 2.                                                                             
                     The specification describes “methods of designing zinc finger proteins that bind                    
              to a preselected target site. . . . The methods of design use a database containing                        
              information about previously characterized zinc finger proteins.  This information                         
              includes names or other designations of previously characterized zinc finger proteins,                     
              the amino acid sequence of their component fingers, and the nucleotide triplets bound                      
              by each finger of the proteins.  Information in the database is accessed using an                          
              algorithm that allows one to select fingers from different previous designs for                            
              combination in a novel zinc finger protein having specificity for a chosen target site.”                   
              Page 13.                                                                                                   
                                                      Discussion                                                         
              1.  Claim construction                                                                                     
                     Claims 35, 40, 48, 49, and 53 are on appeal.  Claims 37, 38, 41-43, and 52 are                      
              also pending; the examiner has indicated that these claims are allowable (Examiner’s                       
              Answer, page 2).                                                                                           





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