Ex Parte LEE - Page 4


                 Appeal No.  2004-1369                                                         Page 4                  
                 Application No.  08/966,233                                                                           
                        In this regard, we note that appellant discloses (specification, page 20),                     
                 “GDF-1 is most homologous to VG-1 (52% and least homologous to inhibin-α                              
                 (22%) and the TGF-β’s (26-30%).”  However, as the examiner points out                                 
                 (Answer, page 21), despite appellant’s emphasis on the structural similarity of                       
                 GDF-1 to members of the TGF-β superfamily, the similarity accounts for less                           
                 than half of the GDF-1 protein.  In other words, only about 107 of GDF-1’s 357                        
                 amino acids share similarity with TGF-β.   While GDF-1 is disclosed by appellant                      
                 to be least homologous to the TGF-β superfamily appellant discloses                                   
                 (specification, page 12),                                                                             
                               The TGF-β superfamily encompasses a group of proteins                                   
                        affecting a wide range of differentiation processes.  The structural                           
                        homology between GDF-1 and the known members of the TGF-β                                      
                        superfamily and the pattern of expression [of] GDF-1 during                                    
                        embryogenesis indicate that GDF-1 is a new member of this family                               
                        of growth and differentiation factors.  Based on the known                                     
                        properties of the other members of the [sic] this superfamily, GDF-1                           
                        can be expected to possess biological properties of diagnostic                                 
                        and/or therapeutic benefit in a clinical setting.                                              
                 However, as set forth in the specification (page 14), “[a] determination of the                       
                 specific clinical settings in which GDF-1 will be used as a diagnostic or as a                        
                 therapeutic tool await further characterization of the expression patterns and                        

















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