Appeal No. 1995-3499
Application No. 07/757,342
Claims 1 and 13 are illustrative of the subject matter on appeal and read as follows:
1. An isolated human luteinizing hormone-human chorionic gonadotropin
receptor protein, in which said isolated protein has an amino acid sequence represented
by (i) SEQ ID NO:2, an amino acid sequence having the 1st to 699th amino acid residues
of SEQ ID NO: 1, or (ii) by SEQ ID NO:7, an amino acid sequence lacking the 227th to
289th amino acid residues of SEQ ID NO: 2.
13. A pharmaceutical composition comprising an effective amount of an isolated
human luteinizing hormone-human chorionic gonadotropin receptor protein and a
pharmaceutically acceptable carrier or vehicle.
The reference relied upon by the examiner is:
Rosemblit et al. (Rosemblit), “Characterization of an Antiserum to the Rat Luteal
Luteinizing Hormone/Chorionic Gonadotropin Receptor”, Endocrinology, Vol. 123, No.
5, pp. 2284-2290 (May 1998)
Claims 1, 13 and 14 stand rejected under 35 USC § 103 over Rosemblit.
We have carefully considered the respective positions of the appellants and the
examiner and find ourselves in substantial agreement with that of the appellants.
Accordingly, we reverse.
As we understand it, the examiner’s overall position is that since the rat luteinizing
hormone-human chorionic gonadotropin (LH/GH) receptor was purified from
rat luteal tissue, it would have been obvious to one of ordinary skill in the art to isolate the
human receptor protein (LH/hCG) because “the commercial value of a protein or protein
related product lies in its utility in human subjects.” Answer, p. 4. However, in reviewing
the Rosemblit reference relied upon by the examiner, it is difficult to discern on what basis
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