Appeal No. 2004-2356 Page 2
Application No. 09/833,740
9. A recombinant DNA construct according to claim 1, wherein
said promoter region is a mammalian homolog which is a human
homolog comprising at least residues -1 to -203 illustrated in Figure
7b (bases 1-201 of SEQ ID NO: 7).
10. A recombinant DNA construct according to claim 1, wherein
the promoter region comprises from 1.5 kb to 10.6kb of the murine
GLP-2 receptor promoter.
11. A recombinant DNA construct according to claim 10, wherein
said promoter region comprises the nucleotide sequence of SEQ ID
NO.1.
The examiner does not rely upon any prior art.
Claims 1-5 and 9-11 stand rejected under 35 U.S.C. § 112, first
paragraph, as containing subject matter that was not described in such a way as
to reasonably convey to one skilled in the relevant art that the inventors, at the
time the application was filed, had possession of the claimed invention, i.e., lack
of an adequate written description. In addition, the claims stand rejected under
35 U.S.C. § 112, second paragraph, for failing to particularly point out and
distinctly claim the subject matter that applicant regards as the invention. After
careful review of the record and consideration of the issues before us, we affirm
the rejection under 35 U.S.C. § 112, first paragraph, but reverse the rejection
under 35 U.S.C. § 112, second paragraph.
BACKGROUND
Glucagon-like peptide 2, the specification notes, is “a 33 amino acid
product of the preglucagon gene,” and “has been described as a potent growth
factor for gastrointestinal tissue, including the large bowel, upper GI, and
particularly, the small bowel, which acts by stimulating cellular proliferation and
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