Ex Parte Lal et al - Page 3

                  Appeal 2007-2517                                                                                         
                  Application 10/311,196                                                                                   
                  polypeptide’s utility is a human taste-specific receptor (Answer 11).  The                               
                  Examiner also contends that “taste-specific receptor activity” is not a                                  
                  specific and substantial utility because Appellants’ have not discovered the                             
                  “taste” for which the receptor is specific (Answer 7).                                                   
                         The threshold question is whether the Specification discloses that                                
                  SEQ ID NO: 2 is a human taste-specific receptor.  Because we decide the                                  
                  answer to this question is no, it is unnecessary for us to address the issue of                          
                  whether taste-specific receptor activity is a specific and substantial utility.                          
                         The dispute between the Examiner and Appellants’ centers on the                                   
                  following facts:                                                                                         
                         1) “The metabotropic glutamate receptor family also includes                                      
                  pheromone receptors, the GABAB receptors, and the taste receptors”                                       
                  (Spec. 4: 5-6).  See Br. 5.  The Ca2+ sensing receptor is also a member (Spec.                           
                  4: 1-5).                                                                                                 
                         2)  Table 2 lists mouse (Mus musculus) taste receptor T1R3 “as the                                
                  nearest GenBank homolog for the polypeptide of SEQ ID NO:2 based on a                                    
                  zero (0) probability score for a match by BLAST analysis” (Br. 6).  “The                                 
                  BLAST probability score . . . indicates the probability of obtaining the                                 
                  observed polypeptide sequence alignment by chance” (Spec. 25: 35 to                                      
                  26: 1-2). (“[A] probability score of zero (0) means that there is zero                                   
                  probability of having obtained the match by chance” (Br. 6)).  The relevant                              
                  portion of Table 2 (Spec. 81) is reproduced below:                                                       







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