Appeal 2007-1069
Application 10/334,990
Claim 17 is directed to a microorganism transformed with DNAs
encoding 1) hydantoinase, 2) hydantoin racemase, and 3) D- or L-specific
carbamoylase. The DNAs are
overexpressed in the microorganism according to the turnover
rates of the respective enzymes to reduce the accumulation of
intermediates in the conversion of the 5-monosubstituted
hydantoins to L- or D-amino acids.
The Examiner states the claimed phrase is indefinite because “there
are many turnover rates for an enzyme” and “it is not clear which ‘turnover
rates’ are being referred to or how they relate to overexpression” (Answer 3-
4).
Claims are interpreted as they would be understood by one of ordinary
skill in the art “taking into account whatever enlightenment by way of
definitions or otherwise that may be afforded by the written description
contained in the applicant’s specification.” In re Morris, 127 F.3d 1048,
1054 (Fed. Cir. 1997).
According to the Specification, enzymes “naturally possess different
turnover rates”1 (Specification 3: 23-24). When the turnover “rates of co-
working enzymes are not in line . . . [,] intermediates accumulate . . . inside
the cell” (Specification 3: 24-26). Overexpression can also lead to “the
formation of inclusion bodies . . . which is unfavourable for a well balanced
coexpression of all the three enzymes” (Specification 3: 26-30). “Therefore,
various attempts to ‘fine tune’ the expression of these genes have been
1 “Turnover rate” refers to the number of substrate molecules in a certain
time period that an enzyme can process. Bruce Alberts, Molecular Biology
of the Cell 163 (4th Edition, 2002).
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