Appeal No. 2003-1469 Page 10
Application No. 08/479,886
in which the experimentation should proceed” (quoting Ex parte Jackson, 217
USPQ 804, 807 (1982)).
Other Issues
This appeal is being decided concurrently with appeal 2003-1668
(application serial no. 08/479,883). According to Appellants, both applications
are divisionals of application 08/122,548.
Claims 66 and 67 of the instant application read as follows:
66. A variant of a wild type growth hormone comprising:
(a) a first mutation in an amino acid sequence of a first receptor binding
site selected from the group consisting of:
(i) amino acid residue L15, R16, R19 and Q22;
(ii) amino acids 46-71; and
(iii) amino acids 169-184, and
(b) a second mutation in an amino acid sequence of a second receptor
binding site selected from the group consisting of:
(i) amino acids 1-15; and
(ii) amino acids 106-128.
67. The variant of claim 66 wherein said variant is covalently attached to a
polyethylene glycol molecule.
Claims 54 and 74 of the ‘883 application read as follows:
54. A variant of a native mature mammalian growth hormone comprising, said
variant having a non-naturally occurring amino acid sequence or a covalent
modification, comprising:
(a) a first mutation in a first region selected from the group consisting of (i)
amino acid residue L15, R16, R19 and Q22, (ii) the C-terminal 2/3 of
the loop linking helices 1 and 2, and (iii) the C-terminal 1/2 of helix 4;
and
(b) a second mutation in a second region selected from the group
consisting of (i) a region corresponding to residue 1 to residue 15 of
mammalian growth hormone and (ii) a region corresponding to residue
106 to residue 128 of mammalian growth hormone, numbered from the
N-terminus.
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