Ex Parte CUNNINGHAM et al - Page 10


                 Appeal No. 2003-1668                                                      Page 10                    
                 Application No. 08/479,883                                                                           

                                                    Other Issues                                                      
                        This appeal is being decided concurrently with appeal 2003-1469                               
                 (application serial no. 08/479,886).  According to Appellants, both applications                     
                 are divisionals of application 08/122,548.                                                           
                        Claims 54 and 74 of the instant application read as follows:                                  
                 54. A variant of a native mature mammalian growth hormone, 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                                                                                        

                        consisting of (i) a region corresponding to residue 1 to residue 15 of                        
                        human growth hormone and (ii) a region corresponding to residue                               
                        106 to residue 128 of human growth hormone, numbered from the                                 
                        N-terminus.                                                                                   
                 74.  The variant of claim 54 wherein said variant is covalently attached to a                        
                 polyethylene glycol molecule.                                                                        
                        Claims 66 and 67 of the ‘886 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.                                                                        








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