Appeal 2007-1819
Application 09/886,055
functions associated with sensory perception at the level of ligand-receptor
binding” (Specification 2-3).
Claim 23 is drawn to a method for representing sensory perception of
one or more odorants. Claims 24-33 depend from claim 23.
Appellants’ claimed method comprises three steps:
(a) providing a representative class of n olfactory receptors or ligand-
binding domains thereof;
(b) measuring X1 to Xn representative of at least one activity of one or
more odorants; and
(c) generating a representation of sensory perception from the values
X1 to Xn.
According to claim 23, the representation of at least one activity of an
odorant is determined by the odorant’s ability to
(1) bind to the ligand-binding domain of at least one of the n olfactory
receptors,
(2) activate at least one of the n olfactory receptors, or
(3) block at least one of the n olfactory receptors.
In addition, claim 23 requires that at least one of the n olfactory
receptors has the amino acid sequence contained in SEQ ID NO: 55.
Claims 24-33 depend from claim 23.
Claims 23-33 stand rejected under 35 U.S.C. § 103(a) as unpatentable
over the combination of Krautwurst and Burford. The Examiner finds that
“Krautwurst teaches the method steps of claim 23” (Answer 4). The
Examiner recognizes, however, that Krautwurst does not teach, inter alia, an
olfactory receptor having the sequence set forth in SEQ ID NO. 55 (Answer
5
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