Appeal No. 2004-2201 Page 2
Application No. 09/788,476
1. An isolated nucleic acid comprising the nucleotide sequence of SEQ ID NO:1
or SEQ ID NO:3 or a nucleotide sequence, having at least about 60% similarity to the
full length of SEQ ID NO:1 or SEQ ID NO:3, that hybridizes to SEQ ID NO:1 or SEQ ID
NO:3 under conditions of 0.1 x SSC buffer, 0.1% w/v SDS, at a temperature of at least
65NC, wherein an mRNA corresponding to said nucleic acid is differentially or
preferentially expressed in human hepatocellular carcinoma tissue or tissue from
pancreatic adenocarcinoma relative to other tissue in said subject and/or in subjects not
diagnosed with this condition.
Claim 1 stands rejected under 35 U.S.C. § 112, first paragraph (written
description and enablement). The examiner does not rely upon any evidence in support
of these rejections. We reverse.
Background
Appellants discuss the present invention at page 21 of the specification as
follows:
The present invention is described hereinafter with reference to the
detection of one particular gene designated hcc-1 from the human
hepatocellular carcinoma cell line, HCC-M. The nucleotide sequence of
hcc-1 is provided in SEQ ID NO:1. The corresponding expression product
is a protein designated HCC-1 and this comprises an amino acid as set
forth in SEQ ID NO:2. A PCR extended form for use in a vector is shown
in SEQ ID NO:3.
As seen, claim 1 is directed to an isolated nucleic acid comprising the nucleotide
sequence of SEQ ID NO:1 or SEQ ID NO:3. In addition, claim 1 comprises a nucleotide
sequence having at least about 60% similarity to the full length of SEQ ID NO:1 or SEQ
ID NO:3 that hybridizes to SEQ ID NO:1 or SEQ ID NO:3 under specified conditions. In
addition, the third nucleotide sequence encompassed by claim 1 is required to have an
mRNA that corresponds thereto that is differentially or preferentially expressed in
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