Appeal No. 1999-1273
Application 08/709,916
BACKGROUND
Low density lipoprotein (LDL) must be oxidized to trigger the pathological events of
atherosclerosis. A mechanism considered for the underlying pathways for oxidation of
LDL in vivo involves myeloperoxidase, a heme protein secreted by activated phagocytes.
Specification, page 3. Myeloperoxidase uses hydrogen peroxide generated by
phagocytes to generate potential microbicidal and cytotoxic agents. Catalytically active
myeloperoxidase is present in human atherosclerotic lesions, where it co-localizes with
lipid laden macrophages, the cellular hallmark of early atherosclerotic lesions. In vitro
studies of inflammation have demonstrated that the myeloperoxidase system oxidizes L-
tyrosine to yield 3-chlorotyrosine. Specification, page 4.
The claimed invention relates to a diagnostic method and screening test for
atherosclerosis comprising determining the presence of 3-chlorotyrosine in a test sample
of a body tissue at a level which is elevated from about 10-fold to about
100-fold greater than the level in a normal subject.
DECISION ON APPEAL
35 U.S.C. §103
Claims 1, 4 and 6 stand rejected under 35 U.S.C. §103 as unpatentable over
Daugherty in view of Domigan.
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