Appeal No. 2001-1580 Page 3
Application No. 08/955,090
Hannum et al. (Hannum), “Ligand for FLT3/FLK2 receptor tyrosine kinase
regulates growth of haematopoietic stem cells and is encoded by variant RNAs,”
Nature, Vol. 368, pp. 643-648 (1994)
Claims 1-11 stand rejected under 35 U.S.C. § 103 as obvious over the
combined teachings of Pastan, Lyman, Hannum, Chaudhary, and Gearing.
We reverse.
Background
Appellants’ specification discloses that the
flt3 ligand is a hematopoietic growth factor which has the property
of being able to regulate the growth and differentiation of
hematopoietic progenitor and stem cells. Because of its ability to
support the growth and proliferation of progenitor cells, flt3 receptor
agonists have potential for therapeutic use in treating hematopoietic
disorders such as aplastic anemia and myelodysplastic syndromes.
Additionally, flt3 receptor agonists will be useful in restoring
hematopoietic cells to normal amounts in those cases where the
number of cells has been reduced due to diseases or to therapeutic
treatments such as radiation and chemotherapy.
Page 2. The specification also discloses flt3 receptor agonists in which the
amino acid sequence of the native flt3 ligand is rearranged such that the amino
and carboxyl termini of the native sequence are joined to each other (directly or
through a linker), and the resulting “circularized” sequence is reopened at
another point to create new amino and carboxy termini. See, e.g., page 9.
Discussion
Claim 1 is directed to flt3 receptor agonists comprising at least the first
132 amino acids of SEQ ID NO:144, in which the amino acid sequence is
rearranged so that the N-terminus and C-terminus are joined, directly or through
a linker, and new N- and C-termini are created in one of thirty-two specific
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