Ex Parte Pitman et al - Page 12

              Appeal 2007-0537                                                                     
              Application 10/102,902                                                               
              residues for one or more of the 20 known proteins) “which correspond to              
              features of a query molecule fragment pair” (chemical shifts and sequences           
              for a triplet of amino acids residues for the unknown structure); and                
              “aligning said candidate molecule fragment pair to said query molecule               
              based on said corresponding features” (see FF 12 (citing Cornilescu 289              
              (abstract), 293 (Figure 1) (describing differences resulting from such               
              alignment)); FF 23).                                                                 
                    Finally, with respect to the disputed claim language (see App. Br. 11;         
              Reply Br. 1-4), Cornilescu’s “features of said candidate molecule fragment           
              pair and query molecule fragment pair comprise descriptors” (mathematical            
              representations of chemical shifts and amino acid sequences for computer             
              analysis), which are weighted using “context-adaptive scaling of said                
              descriptors.”  (FFs 1-19, 22-29.)                                                    
                    Appellants argue:                                                              
                          In direct contrast to Cornilescu, the claimed invention                  
                    recognizes the importance of fragment pairs.  Indeed, an                       
                    important feature of an exemplary aspect of the claimed                        
                    invention may include partitioning a molecule into                             
                    fragments, and using data regarding two of the fragments                       
                    (e.g. neighboring fragments connected by a rotatable bond)                     
                    as a basis for a similarity search.                                            
                          The Application explains that there may be significant                   
                    benefits to using features of fragment pairs (e.g., neighboring                
                    fragments connected by a rotatable bond), as a basis for a                     
                    similarity search.  For example, the Application states that a                 
                    “key” to the invention is that “it avoids the need to search                   
                    every conformation of every molecule and apply a similarity                    
                    metric to the query at each possible alignment. This is done                   
                    by using selected features from fragment pairs to align them                   
                    to the query” (Application at page 15, line 24-page 16, line                   
                    5).  Nowhere is this recognized by Cornilescu.                                 

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