Appeal No. 2002-0427 Page 4
Application No. 08/179,656
Page 5. The specification goes on to say that the first 49 amino acids of LDGF2
appears to be involved in PDGF receptor-binding, and that modifications outside
of that area (i.e., in the C-terminal 12 amino acids) “may not [a]ffect LDGF2’s
ability to react with the PDGF receptor and/or ability to behave as a mitogen or
chemoattractant.” Id.
Discussion
Claim 1 is directed to a protein “consisting of Leukocyte Derived Growth
Factor 2 (LDGF2),” “having immunoreactivity,” and having “an amino acid
sequence which differs from the sequence shown in SEQ ID NO:17 by an amino
acid(s) substitution, deletion or insertion which does not affect the reactivity of the
protein.” Since Appellants have presented no arguments to show the separate
patentability of the claims, claims 3, 5, and 23-26 stand or fall with claim 1. See
37 CFR § 1.192(c)(7); In re Kaslow, 707 F.2d 1366, 1376, 217 USPQ 1089, 1096
(Fed. Cir. 1983) (“Since the claims are not separately argued, they all stand or
fall together.”)
The examiner rejected the claims under 35 U.S.C. § 112, first paragraph,
as lacking an adequate written description in the specification. The examiner
found that
[t]he claims recite a structurally undefined LDGF2 and non-naturally
occurring analogues of a structurally undefined LDGF2. The
specification discloses one amino acid sequence for LDGF2 (SEQ
ID NO:17) and states that the term “LDGF2” [sic, “LDGF”]
embraces structures that differ from SEQ ID NO:17 but are
functional equivalents.
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