Appeal No. 2001-1290 Page 2
Application No. 08/950,032
The examiner relies on the following references:
Liao et al. (Liao) 5,208,263 May 4, 1993
Martin et al. (Martin), Harper’s Review of Biochemistry, pp. 497, 499 (1983)
Cook et al. (Cook), ”Reversal of activity profile in analogs of the antiprogestin RU
486: Effect of a 16I-substituent of progestational (agonist) activity,” Life Science,
Vol. 52, pp. 155-162 (1993)
Teutsch et al. (Teutsch), ”History and perspectives of antiprogestins from the
chemist’s point of view,” Human Reproduction, Vol. 9, Supp. 1, pp. 12-31 (1994)
Claims 16 and 18-28 stand rejected under 35 U.S.C. § 112, first
paragraph, as nonenabled.
We reverse.
Background
“Intracellular receptors (IRs) form a class of structurally-related genetic
regulators scientists have named ‘ligand dependent transcription factors.’ . . .
Steroid receptors are a recognized subset of the IRs, including the progesterone
receptor (PR), androgen receptor (AR), estrogen receptor (ER), glucocorticoid
receptor (GR) and mineralocorticoid receptor (MR). Regulation of a gene by
such factors requires both the IR itself and a corresponding ligand which has the
ability to selectively bind to the IR in a way that affects gene transcription.”
Specification, page 1.
“Ligands to the steroid receptor are known to play an important role in
health of both women and men. For example, the native female ligand,
progesterone, as well as synthetic analogues, such as norgestrel (18-
homonorethisterone) . . . are used in birth control formulations, typically in
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