Ex Parte HILLMAN - Page 13




                  Interference No. 104,436 Paper 98                                                                                                                
                  Shyarnala v. HUIman Page 13                                                                                                                      
        [971 Raingeaud notes that p38 is part of one of several signaling pathways that are activated in                                                           
                  response to cytokines and environmental stress, which makes isolating the function of p38                                                        
                  difficult [ 1009 at 1247:R].                                                                                                                     
        [98] Raingeaud confirmed that MKK3 appears to activate p38 selectively, but could not rule out the                                                         
                  possibility that other kinases are also involved [ 1009 at 1249:R- 1250:L].                                                                      
        [99] Raingeaud cautioned that experimental overexpression of p38 could result in p38 MAP kinase                                                            
                  phosphoryIation of proteins that are not ordinarily substrates for p38 [1009 at 1250:L].                                                         
        [1001 Raingeaud also confirmed that MKK6 appears to activate p38 selectively [1009 at 1252].                                                               
                  Diagnostic and theEgp-eutic utilities                                                                                                            
         [101] Shyamala points to the following disclosure of diagnostic and therapeutic utilities in its                                                          
                  provisional applications to establish utility C 1029 at 4: 1 -101:                                                                               
                                     Still another embodiment is a method of diagnosis of a disease in a patient                                                   
                           characterizable by aberrant MIP polypeptide mediated activity including one                                                             
                           selected from the group consisting of MKK3 associated activity and GTP                                                                  
                           mediated cellular response by providing a MIP antibody, contacting a patient                                                            
                           tissue sample with the antibody, and detecting the amount of the MIP polypeptide                                                        
                           present.                                                                                                                                
                                     Another embodiment of the invention is a method of treating a disease in a                                                    
                           patient characterizable by aberrant MEP polypeptide mediated activity including                                                         
                           one selected from the group consisting of MKK3 associated activity and GTP                                                              
                           mediated cellular response by providing inhibitor MIP, and administering to the                                                         
                           patient a sufficient amount of the inhibitor to effect a reduction in MIP                                                               
                           polypeptide mediated signaling within a population of cells.                                                                            
         [102] Shyamala elaborated on these methods later in the provisional applications [1029 at 33:9-26]:                                                       
                                     MIP may be useful in a diagnostic context for identifying overexpression                                                      
                           of MIP by identifying MIP transcript in brain or spleen tissues, in the presence of                                                     
                           a condition characterized by abnormal activation of the p38 MAPK stress signal                                                          
                           transduction pathway. Additionally, genetic information of MIP may be useful for                                                        







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