Ex Parte Turner et al - Page 3


              Appeal No. 2004-1040                                                          Page 3                       
              Application No. 09/770,643                                                                                 

                     The specification also discloses that “[a] polymorphism was identified that results                 
              in a C-or-T transition at, for example, the position corresponding to nucleotide 812 of                    
              SEQ ID NO:1 that can result in a ser or leu being present at, for example, amino acid                      
              position 271 of SEQ ID NO:2.                                                                               
                     “Neurexins have been associated with, inter alia, mediating neural processes,                       
              seizures, signaling, exocytosis, cancer, and development.  Neurexins can also serve as                     
              receptors for latrotoxins.”  Page 1.  The specification does not disclose what role the                    
              protein of SEQ ID NO:2 plays in any physiological process, but contemplates                                
              “processes for identifying compounds that modulate, i.e., act as agonists or antagonists,                  
              of NHP expression and/or NHP activity that utilize purified preparations of the described                  
              NHPs and/or NHP product, or cells expressing the same.  Such compounds can be                              
              used as therapeutic agents for the treatment of a wide variety of symptoms associated                      
              with biological disorders or imbalances.”  Page 2.                                                         
                     The specification also discloses that “suitably labeled NHP nucleotide probes can                   
              be used to screen a human genomic library using appropriately stringent conditions or                      
              by PCR.  The identification and characterization of human genomic clones is helpful for                    
              identifying polymorphisms . . . , determining the genomic structure of a given                             
              locus/allele, and designing diagnostic tests.”  Page 10.                                                   
                     The specification discloses that “[t]he NHP proteins or peptides, NHP fusion                        
              proteins, NHP nucleotide sequences, host cell expression systems, antibodies,                              
              antagonists, agonists and genetically engineered cells and animals can be used for                         
              screening for drugs . . . effective in the treatment of the symptomatic or phenotypic                      
              manifestations of perturbing the normal function of NHP in the body.”  Page 14.  Or “the                   





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