Interference No. 103,625
contain a written description of specific tumor necrosis factor binding proteins which
includes the end portion, Leu Arg Glu, of the recited sequence in the LeMaire patent
claims. In addition, Wallach point out that the ‘072 application identifies X as “probably
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Thr” where claims 1-3 of the LeMaire patent require Pro at this position.
LeMaire claims 1-3
LeMaire claims 1-3 read as follows;
1. (as corrected by Certificate of Correction of November 29, 1994)
A purified and isolated TNF"-binding protein which has a molecular weight of about
42,000 daltons and has at the N terminus the amino acid sequence
Xaa Thr Pro Tyr Ala Pro Glu Pro Gly Ser Thr Cys Arg Leu Arg Glu
where Xaa is hydrogen, a phenylalanine residue (Phe) or the amino acid sequences Ala
Phe, Val Ala Phe, Gln Val Ala Phe, Ala Gln Val Ala Phe, Pro Ala Gln Val Ala Phe or Leu
Pro Ala Gln Val Ala Phe.
2. A protein as claimed in claim 1 in deglycosylated form.
3. A process for the preparation of a protein which has a molecular weight of
about 42,000 daltons and has at the N terminus the amino acid sequence
Xaa Thr Pro Tyr Ala Pro Glu Pro Gly Ser Thr Cys Arg Leu Arg Glu
where Xaa is hydrogen, a phenylalanine residue (Phe) or the amino acid sequences Ala
Phe, Val Ala Phe, Gln Val Ala Phe, Ala Gln Val Ala Phe, Pro Ala Gln Val Ala Phe or Leu
Pro Ala Gln Val Ala Phe, which comprises concentration of the urine of patients with fever
and subsequent purification of the retentate obtained in this way by ion exchange and
affinity chromatography.
While claim 1 recites “[A] purified and isolated TNF"-binding protein, the
claim, in fact, is directed to a genus of eight purified and isolated TNF"-binding proteins
having a molecular weight of about 42,000 daltons containing specific N terminus amino
acid sequences. The eight purified and isolated TNF"-binding proteins have the following
N terminus amino acid sequences:
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