Ex Parte Rubin et al - Page 3




               Appeal No. 2004-1106                                                                   July 2004                       
               Application 09/871,388                                                                 Page 3                          
               2.      SEQ ID NOS: 2, 4, 6 and 8 are said to depict the full length KUZ proteins                                      
               encoded by SEQ ID NOS: 1, 3, 5 and 7, which are said to depict "exemplary natural                                      
               cDNAs encoding Drosophila, human transmembrane, human soluble (lacking a                                               
               transmembrane domain), [and] mouse .... members, respectively, of the disclosed KUZ                                    
               family" (id., p. 4, ll. 9-12).                                                                                         
               3.      Figures 1A-C of appellants' specification are said to illustrate common predicted                              
               functional domains for the described Drosophila KUZ ("DKUZ"), mouse KUZ ("MKUZ")                                       
               and Xenopus KUZ ("XKUZ"), i.e., a prodomain, metalloprotease and disintegrin                                           
               domains, a cysteine-rich domain and finally a transmembrane domain (also                                               
               specification, p. 3, ll. 10-27).                                                                                       
               4.      These domains, as identified in Figures 1A-C, are said to provide KUZ domain                                   
               specific activity or function, including protease activity, in particular cleaving a NOTCH                             
               protein, disintegrin activity and ligand/antibody binding activity (id., p. 2, ll. 26-30; p. 5, ll.                    
               14-17).                                                                                                                
               5.      The mouse protein (MKUZ) is said to be 45% identical in primary amino acid                                     
               sequence with Drosophila KUZ (DKUZ, Fig. 1) and 95% identical with a bovine protein                                    
               (MADM) isolated by Howard.[5]   Sequence similarity between MKUZ and DKUZ is said                                      
               to extend over the whole coding region, except that MKUZ, like other vertebrate KUZ                                    
               homologs, has a much shorter intracellular domain.  The intracellular domain of MKUZ                                   


               kuz is a gene, whereas DKUZ is the protein expressed by the kuz gene in Drosophila.                                    
                       5 Appellants' specification cites to "the bovine protein of Howard, L., et al. (1996). Biochem. J.             
               317, 45-50." at p. 5, ll. 29-31.  A copy of this article, i.e., Howard et al., ("Howard"), "Molecular cloning of       
               MADM: a catalytically active mammalian disintegrin-metalloprotease expressed in various cell types,"                   
               Biochemical Journal, Vol. 317, part 1, pp. 45-50 (1 July 1996), is enclosed.                                           





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