Appeal No.: 1996-1307 Paper No. 34
Application No.: 08/038,072 Page 3
phosphorylation of the $ AR by $ adrenergic receptor kinase
2
($ar kinase) (Lefkowitz at 4995 and Huganir at 474-475).
The examiner states that "[t]he primary references do not
teach inhibition of the phosphorylation by using an inhibitor
of the kinase." The examiner relies upon Appellants' "own3
admissions" at page ten of Appellants' specification for
teaching "known compounds capable of inhibiting receptor
kinases involved in mediating homologous desensitization of
adenylyl cyclase-coupled receptors" (Paper No. 33 at 3). The
relevant disclosure at page ten of Appellants' specification
is as follows:
Compounds suitable for use in the present invention
include those capable of inhibiting receptor
kinases, for example, specific protein kinases
involved in mediating homologous desensitization of
adenylyl cyclase-coupled receptors (i.e. $ar
kinase). (See also Blackshear (1988) FASEB J.
2:2957; Middleton (1988) Ann. Allergy 61:53; Hunnan
[sic, Hannun] (1988) Science 243:500.)
DISCUSSION
3Claim 15 requires inhibition of $ar kinase-induced
phosphorylation which does not necessarily require inhibition
of
the kinase. An agent capable of inhibiting the $ar kinase
would be expected to inhibit phosphorylation of the receptor
and in fact this does appear to be how the claimed invention
works(Paper No. 1 (Specification) at 10).
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