Appeal 2007-0746
Application 10/139,496
Claims 1 and 10 are representative of the claimed subject matter:2
1. An immunopurified glycoprotein from the inner-ear organ
of Corti reactive with a KHRI-3 monoclonal antibody.
10. A kit for assaying for the presence of an antibody
associated with autoimmune sensorineural hearing loss in a
patient, where the kit comprises the glycoprotein of claim 1.
Claims 1, 4-8, and 10 are pending and on appeal. The Examiner has
rejected claims 1, 4-8, and 10 under 35 U.S.C. § 112, ¶ 1 for lack of
enablement; claims 1 and 4-8 under 35 U.S.C. § 102(b); and claim 10 under
35 U.S.C. § 103(a). The Examiner relies upon the following references:
Harris US 5,422,282 Jun. 6, 1995
Gary Zajic et al., Monoclonal antibodies to inner ear antigens: I.
Antigens expressed by supporting cells of the guinea pig cochlea, 52
Hearing Research 59-71 (1991) (“Zajic”).
Thankam S. Nair et al., Identification and Characterization of Choline
Transporter-Like Protein 2, an Inner Ear Glycoprotein of 68 and 72 kDa
That Is the Target of Antibody-Induced Hearing Loss, 24 J. Neuroscience
1772-79 (2004) (“Nair”).
Bruce Alberts et al., Molecular Biology of the Cell 163-96, 258-71
(2nd ed. 1998) (“Alberts”).
2 Appellants do not separately argue the claims. Thus, we address the § 112,
¶ 1 and § 102(b) issues with reference to claim 1; and we address the
§ 103(a) issue with reference to claim 10, the sole claim rejected under this
section.
3
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