Appeal 2007-1621
Application 10/721,839
on the suggestion in the reference that each of the defensin peptides derived
from the disclosed nonapeptides would be useful in the claimed methods”
(id.).
We agree with the Examiner that, in view of Lehrer’s teachings, one
of ordinary skill in the art would have considered it obvious to use peptides
with the sequences set forth in SEQ ID NOS: 31 and 32 to reduce the
infectivity of an enveloped virus.
Specifically, Lehrer discloses “using retrocyclin (e.g. RC-101) or a
retrocyclin analog to prevent or treat infection, for example by an enveloped
virus, including enveloped retroviruses, more specifically by HIV-1, HIV-2
and related retroviruses that cause Acquired Immunodeficiency Syndrome
(AIDS)” (Lehrer 6). Lehrer states that “[f]or use in the subject methods, a
naturally occurring or synthetic retrocyclin may be used” (id.).
Lehrer states that “[r]etrocyclins are octadecapeptides that contain two
linked nonapeptides that may be identical or different” (id. at 7). Lehrer
discloses that the nonapeptides making up retrocyclins have a consensus
amino acid sequence (id.), and provides a list of the 46 nonapeptides derived
from the consensus sequence (id. at 7-8). Linking nonapeptide 27 with
nonapeptide 1 yields a sequence identical to SEQ ID NO: 31, when
allowance is made for the circular nature of the peptides.1 Linking
1 The Examiner asserts that the combination of nonapeptides 27 and 34
results in SEQ ID NO: 31 (Answer 5). However, due to an apparent
typographical error, nonapeptide 34 is incorrectly depicted as having the
same sequence as nonapeptide 1, RCICGRGIC (Lehrer 6). Nonapeptide 34
apparently has the sequence RCLCVRGFC, as evidenced by the
modifications to the consensus sequence being listed s “L3, V5, F8” (id.)
5
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