Appeal No. 2003-1993
Application No. 09/470,526
coding sequence set forth in SEQ ID NO:1; and a polynucleotide complementary to a
polynucleotide described above.
According to the prior art, Aligue, Wee1 tyrosine kinase regulates mitosis by
carrying out the inhibitory tyrosine 15 phosphorylation of Cdc2 M-phase inducing
kinase. Abstract. The specification confirms this, stating “induced wee1
overexpression results in phosphorylation of p34 at tyrosine-15 (inactivating p34),
effectively blocking the transition from G2 into mitosis.” Specification, page 37. The
“encoded [wee1] protein is an important part of the checkpoint control machinery that
regulates p34cdc2 activity and it's [sic] participation in the active MPF (maturation
promoting factor) complex.” Specification, page 36. Wee1 activity can be stimulated by
the CDK2-cyclin A complex, or inhibited by nim1. Specification, page 36.
Description
Claims 2-11, 31, 33 and 35-36 stand rejected under 35 U.S.C. § 112, first
paragraph as containing subject matter that was not described in the specification in
such a way as to reasonably convey to one skilled in the art at the time the application
was filed that the inventor had possession of the claimed invention.
The Federal Circuit has discussed the application of the written description
requirement of the first paragraph of § 112 to inventions in the field of biotechnology.
See University of California v. Eli Lilly and Co., 119 F.3d 1559, 1568, 43 USPQ2d 1398,
1406 (Fed. Cir. 1997). The court explained that
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