Appeal No. 2006-0189 Page 7
Application No. 09/825,242
As Appellants point out, the database represented by Figure 2 of Choo (PNAS)
does not include all of the information recited in the claims on appeal. The table shows
the amino acid sequences of zinc finger regions of fusion proteins based on phage fd
coat protein pIII (see Figure 1). Figure 2 of Choo (PNAS) also shows the trinucleotide
sequences that are bound by each of the zinc fingers. However, Choo (PNAS) does not
provide designations for complete zinc finger proteins that include the zinc fingers
shown in Figure 2 or the nucleic acid sequences bound by the complete protein, which
must include at least three zinc finger regions to meet the limitations of the claims on
appeal. The other cited references also lack a teaching or suggestion of a database
including all of the limitations recited in the instant claims.
The examiner responded to Appellants’ argument on this point as follows:
Choo et al. [(PNAS)] makes clear in the second column of page 11163
that the library contains variants of a three finger Zif268 protein, and the
tables show relevant characteristics of the members of the library.
Although Choo et al. [(PNAS)] does not list the entire sequence of each
zinc finger protein in the table, the table is nevertheless a table of
precharacterized three finger zinc finger proteins as claimed.
Examiner’s Answer, page 6.
As we understand it, the examiner’s position is that Choo (PNAS) discloses that
a phage display library was made that contained a domain made up of three zinc
fingers, the middle one of which was varied in order to make fusion proteins that would
bind to different trinucleotide sequences, and Table 2 of the reference shows the amino
acid sequence of the variant (middle) zinc finger. Thus, the examiner argues, although
the table only shows the single, variant zinc finger, the skilled artisan would understand
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