Appeal No. 2007-0534
Application No. 10/463,016
is stated that "[t]he anchor component may be a protein, peptide, or a molecule capable
of binding to the docking domain. The anchor component may be … any ligand,
agonist, antagonist, antibody or peptide that binds the docking domain." Specification,
page 3. It is also stated that the variable component "may be a small molecule; a
peptide agonist, antagonist, inhibitor, or activator; or any portion of a protein to be tested
for affecting activity of the active target and/or inducing a physiological change." Id.
Anchor and docking binding partners may include "(i) a small molecule and a
single-chain or multi-chain antibody immunospecific for the small molecule, (ii)
fluorescein and an anti-fluorescein single-chain or multi-chain antibody; (iii) dinitrophenyl
(DNP), or a DNP derivative and an anti-DNP single chain or multi-chain antibody; (iv)
novobiocin or a novobiocin derivative and a novobiocin binding domain of gyrase B; (v)
biotin, or a biotin derivative and avidin, streptavidin or neutravidin; (vi) FK506, or an
FK506 derivative, and FKBP." Specification, page 7. The specification also provides
additional examples at ¶¶ 7 and 40. Moreover, the examiner has not argued that those
skilled in the art would not know or be able to determine which binding pairs have
binding affinity of at least 1µM. In sum, the specification describes generally the type of
docking and anchor partners which can be used, and then provides specific examples
to guide the choice. The specification further provides specific examples of a fusion
protein having a docking domain which is a human Fc receptor and an active domain of
MCR4 (melanocortin receptor 4). This fusion peptide binds to a fusion protein
comprising an Fc anchor domain and an HFRW, a low affinity agonist for MCR4.
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