Ex Parte Jacobs et al - Page 2

              Appeal 2007-0539                                                                     
              Application 10/264,026                                                               

                                         BACKGROUND                                                
                    Gorgonian corals, “a diverse group of marine animals . . . commonly            
              known as sea feathers, sea whips and sea fans” (Spec. ¶ 3), harbor                   
              endosymbiotic algal populations, collectively called Symbiodinium spp.               
                    Various compounds which exhibit anti-inflammatory and anti-                    
              proliferative activities, including pseudopterosins, seco-pseudopterosins,           
              diterpene aglycones, and tricyclic diterpenes, have been isolated from               
              gorgonian corals.  Because isolating the compounds requires destroying the           
              corals, and because “animal products are often undesirable for use in                
              pharmaceutical[s] and cosmetics” (id. at ¶ 4), attempts have been made to            
              synthesize biologically active pseudopterosins, but “[t]hese chemical and            
              biosynthetic methods are expensive and often unsuccessful” (id.).                    
                    The present inventors, on the other hand, have demonstrated that               
              Symbiodinium spp. symbionts are “involved in the synthesis of                        
              pseudopterosin compounds and can produce pseudopterosin compounds                    
              without the aid of the host [gorgonian corals]” (id. at ¶ 26, and ¶ 138), and        
              that “pseudopterosin compounds may be produced by or isolated from                   
              Symbiodin[i]um symbionts” (id. at ¶ 26).                                             
                    “[T]he present invention relates to pseudopterosin compounds and               
              pseudopterosin compositions” (Spec. ¶ 10), free of animal impurities, or of          
              non-animal origin.  Claims 14, 20, 33, 36, and 42 are representative, and            
              read as follows:                                                                     
                    14. A pseudopterosin composition which comprises at least one                  
              pseudopterosin compound and is free of animal impurities obtained by                 
              isolating, purifying or preparing the compound from a Symbiodinium spp.              
              symbiont.                                                                            


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