Ex Parte Baker et al - Page 2

                Appeal No. 2007-0311                                                                            
                Application No. 10/175,744                                                                      

                                              BACKGROUND                                                        
                       The specification discloses 305 DNA sequences and the encoded                            
                amino acid sequences.  Pages 6-38.  Among the disclosed sequences is SEQ                        
                ID NO:73, which encodes a polypeptide referred to as “PRO700” having the                        
                amino acid sequence shown in SEQ ID NO:74.  Page 10 and Figure 74.  The                         
                encoded amino acid sequence is disclosed to include a signal sequence.                          
                Figure 74.                                                                                      
                       The present specification does not further characterize the amino acid                   
                sequence of SEQ ID NO:74.  However, the present application claims                              
                priority as follows:                                                                            
                       This application is a continuation of . . . a continuation of . . . a                    
                       continuation-in-part  of  . . .  a  continuation-in-part  of  . . .  US                  
                       Application 09/380138 filed 8/25/1999, now abandoned, which                              
                       is  the  National    Stage  filed  under  35  USC  §371  of  PCT                         
                       Application  PCT/US99/05028  filed  3/18/1999,  which  claims                            
                       priority under 35 USC § 119 to  US  provisional  application                             
                       60/080333 filed 4/1/1998.                                                                
                Preliminary Amendment filed Sept. 18, 2002, pages 1-2.                                          
                       PCT application US99/05028 was published as WO 99/46281 on                               
                Sept. 16, 1999.  Thus, the contents of that application were known to those                     
                of ordinary skill in the art as of that date.  WO 99/46281 characterizes                        
                PRO700 as follows:                                                                              
                       13.  PRO700                                                                              
                       Protein-disulfide  isomerase  (PDI)  is  a  catalyst  of  disulfide                      
                       formation and isomerization during protein folding.  It has two                          
                       catalytic sites housed in two domains homologous to                                      
                       thioredoxin, one near the N terminus and the other near the C                            
                       terminus.  .  .  .  PDI  is  useful for  formation  of  natural  type                    
                       disulfide bonds in a protein which is produced in a[ ]                                   

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