Appeal 2007-1819
Application 09/886,055
6). The Examiner relies on Burford to teach a protein having SEQ ID NO.
55 (id.). Based on this evidence, the Examiner concludes that
[i]t would have been prima facie obvious to utilize the
method as taught by Krautwurst et al. with the sequences as
taught by Burford et al. since Burford et al. note “The largest
subfamily of GPCRs, the olfactory receptors, are also members
of the rhodopsin-like GPCR family. These receptors function
by transducing odorant signals. Numerous distinct olfactory
receptors are required to distinguish different odors. Each
olfactory sensory neuron expresses only one type of olfactory
receptor, and distinct spatial zones of neurons expressing
distinct receptors are found in nasal passages. However, the
expression of olfactory-like receptors is not confined to
olfactory tissues (see p. 2 paragraph 0008).”
(Answer 6.) According to the Examiner, “[a]n ordinary practitioner would
have been motivated to use the method as taught by Krautwurst et al. with
the sequences as taught by Burford et al. in order to assess the physiological
functions of these receptors in the presence of a variety of odorants”
(Answer 6-7).
Appellants do not dispute that Krautwurst discloses a method having
all the steps set forth in claim 23 (Br. 7). Appellants also do not dispute that
Burford teaches a protein having SEQ ID NO:55 (id.). However, Appellants
assert that neither Krautwurst nor Burford teach that a protein having SEQ
ID NO: 55 is an olfactory receptor (Br. 6)5. Accordingly, Appellants assert
that it is improper for the Examiner to simply conclude, without an
5 See also Br. 7 (Burford “fail to teach or identify SEQ ID NO-55 as
encoding a human olfactory receptor”). Therefore, the dissent’s assertion
that “Appellants do not dispute the Examiner’s finding that ‘Burford
discloses SEQ ID NO:27 (Appellants’ SEQ ID NO :55 . . .) is an olfactory
receptor’ (Answer 7-8 (citing Burford 42 (Table 3)). (See Br. passim.)”
(infra 13: ¶10) is factually incorrect.
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013