Appeal No. 2004-1761 Page 2
Application No. 10/044,807
Claims 1-4 stand rejected under 35 U.S.C. §§ 101 and 112, first paragraph, as
lacking patentable utility.
We affirm.
Background
The specification discloses a “human polynucleotide encoding a protein sharing
sequence similarity with mammalian proteases.” Page 1. The “novel human protein
(NHP) . . . shares sequence similarity with animal proteases, and particularly matrix
metalloproteases, zinc dependent metalloproteases, and collagenases.” Page 2.
More particularly, the specification discloses that “[t]he sequence data indicate
that the NHP displays thrombospondin and disintegrin domains, and particular structural
similarity to the ADAMTS family of metalloproteases. The NHP also displays similarity
to receptor-linked phosphatases and membrane associated cell adhesion proteins.”
Pages 17-18. The gene encoding the NHP is apparently present on either chromosome
9 (page 3, lines 8-10) or chromosome 12 (page 18, lines 1-2).
The specification does not disclose what role the putative protease 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 NHP 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.
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