Interference No. 104,436 Paper98
Shyarnala v. Hillman Page 17
condition, for example a condition associated %kh p38 MAPK activation or a
condition associated with NADPH oxidase activation or inactivation.
[123] This disclosure does not teach a tissue assay. Instead, it speculates that one could probe for an
unidentified disease associated with MIR
[124] ShyamalaprovisionalIy disclosed [1029 at 5:25-26]:
Northern blot analysis of the tissue specific expression of NIT indicates a
2,000 micleotide transcript in spleen and brain tissues.
[125] This disclosure does not teach a tissue assay. Instead, it reports the presence of MIP in brain and
spleen tissues. The presence of MIP in these tissues is not cited as the basis for a tissue-typing
assay, nor is the presence of MIP in these tissues associated with a disease.
[1261 Shyamala provisionally disclosed [1029 at 27:8-15]:
The antibodies generated in this manner can be used in any conventional
applications, including for diagnostic and therapeutic purposes. For example, as a
diagnostic, it can be used in an immunoassay for identification or detection of an
MIP polypeptide or a homolog thereof in a sample suspected of containing such.
For this purpose, the antibodies can be labeled with a suitable marker, such as a
radioactive label, and allowed to react with the sample. After an appropriate
length of time, the sample can be examined for the presence of specific binding
pairs. Presence of specific binding suggests that an MIP polypeptide or a
homolog thereof is present in the sample.
(127] This disclosure does not teach a tissue assay. Instead, it reports that antibodies can be raised
against MIP and used for the conventional uses of such antibodies. No diagnostic, therapeutic, or
labeling utility is actually identified.
[128] None of the uses Shyamala identified in the provisional applications appear to rise above
generalized speculation about what uses MIP might eventually be shown to have.
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