Ex Parte Murphy et al - Page 10




              Appeal No. 2007-0534                                                                                       
              Application No. 10/463,016                                                                                 
              broadly in the specification as to encompass just about any protein/protein interaction,                   
              the claim requirement of modulation of the active domain by the variable component is                      
              met readily by any protein/protein binding or antigen antibody interaction.                                
                     In Silver, when the putative target interacts with the protein of interest FRET                     
              (fluorescence resonance energy transfer) occurs between a complementary pair of                            
              fluorescent tags attached to the two fusion proteins.  Thus, two fusion protein partners                   
              are prepared and contacted with one another such that binding occurs and a                                 
              measurable modulation (FRET) is exhibited.                                                                 
                     Appellants have not shown and do not allege that either of the protein/protein                      
              interactions in Silver (or Hamilton) do not result in a binding affinity of the binding                    
              partners of at least 1 µM.                                                                                 
                     In view the above, the rejection of the claims for obviousness over Silver is                       
              affirmed.                                                                                                  


              35 U.S.C. § 103(a)                                                                                         
                     Claims 1, 2, 5, 7-11, 15, 16, and 27-31 stand rejected under 35 U.S.C. § 103(a)                     
              over Hamilton.                                                                                             


                     Hamilton describes a method of identifying a polypeptide that interacts with a                      
              known polypeptide comprising a known peptide sequence linked to a first green                              
              fluorescent protein (GFP) fragment, producing a second fusion protein comprising a test                    

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