Ex Parte Kovesdi et al - Page 5




                 Appeal No. 2004-1259                                                                                                             
                 Application No. 09/832,355                                                                                                       


                                                                DISCUSSION                                                                        
                 Background                                                                                                                       
                         The claimed invention is directed to a fusion protein comprising a first non-                                            
                 heparin-binding VEGF-A peptide portion, or a peptide portion that exhibits at least                                              
                 about 80% homology to a VEGF-A peptide portion, and a second non-VEGF peptide                                                    
                 portion covalently associated with the first peptide portion, which first and second                                             
                 peptide portions separately promote angiogenesis or bone growth, and wherein the                                                 
                 second peptide portion lacks a collagen binding domain.   Specification, pages 1-2.                                              
                 Such a fusion protein is useful for promoting angiogenesis, bone growth, and/or wound                                            
                 healing.   Specification, page 2.                                                                                                
                         According to the specification, by “non-heparin-binding it is meant that less than                                       
                 about 5% of the VEGF peptide portion of the fusion protein should be bound to heparin-                                           
                 containing sites at a given moment after administration to or expression in a                                                    
                 mammalian host (compared to, e.g., about 50-70% binding for VEGF165, and about 90-                                               
                 100% for VEGF189).   More preferably, the VEGF peptide portion exhibits no apparent                                              
                 affinity for heparin, as exhibited by VEGF-C, non-heparin binding P1GFs, VEGF-R and,                                             
                 more preferably, VEGF121.”  Specification, page 15.                                                                              
                         The non-VEGF peptide portion can be any suitable peptide portion including a                                             
                 non-VEGF factor, preferably which is capable of promoting angiogenesis, bone growth,                                             
                 or wound healing.   Specification, page 17.  By non-VEGF portion, it is meant that the                                           

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