Appeal No. 1999-0339
Application 07/903,588
I. Claim 1 stands rejected under 35 U.S.C. § 103 as being unpatentable over
Bièche.
II. Claims 2-4 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Bièche and Park.
We affirm Rejection I and reverse Rejection II.
BACKGROUND AND DISCUSSION
The human met proto-oncogene is a member of the tyrosine kinase family of
oncogenes. Specification, p. 1, lines 11-15; Bièche, p. 140, col. 1, para. 1; Park,
p. 6379, the abstract and col. 1, para. 1. The c-met gene is expressed in various
tissues and cells, but the highest levels are said to be found in epithelial cells.
Specification, p. 1, para. 2; Bièche, p. 140, col. 1, para. 1. Prior to this invention,
investigators had determined that the c-met gene is located on chromosome 7q31 in
primary breast tumor DNA. Bièche, p. 140, col. 1, para. 1.
As indicated by the claims, the present invention is said to be directed to
methods of predicting the progression of a breast cancer by comparing the abundance
of one or more of met DNA, met RNA or Met protein in normal breast tissue with the
abundance of said DNA, RNA or Met protein in tumor breast tissue. According to the
specification, a greater abundance of met DNA, met RNA or Met protein in normal
breast tissue than in tumor breast tissue is indicative of a high likelihood of tumor
metastasis. Specification, p. 5.
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