Appeal No. 2003-1794 Page 3
Application No. 09/804,969
The specification also asserts several uses for the disclosed
polynucleotides that do not depend on the biological activity of the encoded
polypeptide. For example, the polynucleotides are disclosed to be useful “as
hybridization probes for screening libraries, and assessing gene expression
patterns (particularly using a micro array or high-throughput ‘chip’ format).” Page
5. Such microarray-based assays are disclosed to be useful in drug discovery
and “monitoring both drug action and toxicity.” See page 7. NHP-derived probes
are disclosed to be useful “to identify mutations associated with a particular
disease and also as a diagnostic and prognostic assay” (page 7), as well as “for
identifying polymorphisms” (page 10).
The specification discloses that, in addition to their use in therapy, the
NHP-encoded polypeptides
can be prepared for a variety of uses. These uses include but are
not limited to the generation of antibodies, as reagents in diagnostic
assays, the identification of other cellular gene products related to a
NHP, [and] as reagents in assays for screening for compounds that
can be [used] as pharmaceutical reagents useful in the therapeutic
treatment of mental, biological, or medical disorders and diseases.
Pages 15-16.
Antibodies that bind the NHP-encoded polypeptides
may be used, for example, in the detection of NHP in a biological
sample and may, therefore, be utilized as part of a diagnostic or
prognostic technique whereby patients may be tested for abnormal
amounts of NHP. Such antibodies may also be utilized . . . for the
evaluation of the effect of test compounds on expression and/or
activity of a NHP gene product. . . . Such antibodies may
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