Appeal No. 2004-1106 July 2004
Application 09/871,388 Page 8
(Answer, p. 4).7
22. The last paragraph on specification page 5 (i.e., ll. 14-31) reads:
The subject domains provide KUZ domain specific activity or
function, such as KUZ-specific protease or protease inhibitory activity,
disintegrin or disintegrin inhibitory activity, ligand/antibody binding or
binding inhibitory [sic], immunogenicity, etc.; see, e.g. domains identified
in Fig. 1A-C. Preferred domains cleave a NOTCH protein. KUZ-specific
activity or function may be determined by convenient in vitro, cell-based,
or in vivo assays: e.g. in vitro binding assays, cell culture assays, in
animals (e.g. gene therapy, transgenics, etc.), etc. Binding assays
encompass any assay where the molecular interaction of an KUZ
polypeptide with a binding target is evaluated. The binding target may be
a natural intracellular binding target such as an KUZ substrate, a KUZ
regulating protein or other regulator that directly modulates KUZ activity or
its localization; or non-natural binding target such [sic] a specific immune
protein such as an antibody, or an KUZ specific agent such as those
identified in screening assays such as described below. KUZ-binding
specificity may [sic] assayed by protease activity or binding
equilibrium constants (usually at least about 10 7 M-1, preferably at least
about 108 M-1, more preferably at least about 109 M-1), by the ability of
the subject polypeptide to function as negative mutants in KUZ-
expressing cells, to elicit KUZ specific antibody in a heterologous
host (e.g [sic] a rodent or rabbit), etc. The KUZ binding specificity of
preferred KUZ polypeptides necessarily distinguishes that of the
bovine protein of Howard, L., et al. (1996). Biochem. J. 317, 45-50.
[Emphasis added.]
23. In essence, appellants' position is that since "KUZ, by definition, must have a
binding specificity that distinguishes MADM [... and] KUZ binding specificity by definition
includes binding of a KUZ-specific antibody, a KUZ-specific antibody must necessarily
[i.e., inherently] distinguish KUZ from MADM" (Brief, p. 3).
C. The examiner's position
24. According to the examiner, "the actual enzymes, the KUZ polypeptides, are
7 The pages of the Answer are not numbered. We have considered the cover sheet of the
Answer as page 1 and subsequently numbered the remaining pages.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007