Ex Parte TSARFATY et al - Page 2




              Appeal No. 1999-0339                                                                                          
              Application 07/903,588                                                                                        
                     Claims 1 and 2 are illustrative of the subject matter on appeal and read as                            
              follows:                                                                                                      
                     1,      A method for predicting the progression of a breast cancer comprising the                      
              steps of:                                                                                                     
                     (a)     determining one or more of met DNA abundance, met mRNA abundance,                              
              or Met protein abundance in normal breast tissue and in tumor breast tissue and (b)                           
              comparing the abundance of said met DNA, met RNA or Met protein in normal breast                              
              tissue with said met DNA, met RNA or Met protein in tumor breast tissue, wherein said                         
              normal and tumor tissue is from the same breast, and wherein a higher abundance of                            
              met DNA, met RNA, or Met protein in said normal tissue than in said tumor tissue                              
              indicates a poor prognosis.                                                                                   
                     2.      A method according to claim 1, comprising the steps of:                                        
                     (a)     contacting a section from a breast tumor with an antibody reagent specific                     
              for Met protein under antibody binding conditions, wherein said section contains normal                       
              breast tissue and tumor tissue;                                                                               
                     (b)     determining the binding of the reagent to Met protein in said normal tissue                    
              and said tumor tissue; and                                                                                    
                     (c)     comparing said binding of said reagent to Met protein in said normal                           
              tissue with said binding in said tumor tissue; wherein, greater binding of said reagent to                    
              said normal than to said tumor tissue indicates a poor prognosis.                                             
                     The references relied upon by the examiner are:                                                        
              Biéche et al., “Loss of heterozygosity on chromosome 7q and aggressive primary breast                         
              cancer”, The Lancet, vol. 339, pgs. 139-143 (Jan. 1992).                                                      
              Park et al., “Sequence of MET protooncogene cDNA has features characteristic of the                           
              tyrosine kinase family of growth-factor receptors”, Proc. Natl. Acad. Sci., vol. 84, pgs.                     
              6379-6383 (Sept. 1987).                                                                                       




                     The claims stand rejected as follows:                                                                  
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