Ex Parte Smith - Page 4




              Appeal No. 2005-0147                                                                                            
              Application No. 10/203,081                                                                                      
                      The specification (page 2) discloses that                                                               
                             Viral infection of host cells, and replication therein, is often associated with                 
                      inhibition of apoptosis to enable viral replication and the subsequent stimulation                      
                      [of] apoptosis of the host cells for viral particle release.  Certain viral gene                        
                      products have been shown to specifically inhibit or induce apoptosis.  However,                         
                      many viruses additionally encode proteins that inhibit apoptosis, prolonging the                        
                      survival of infected cells and thereby aiding viral replication or viral persistence in                 
                      the host.                                                                                               
                      The appellant is said to have identified certain non-structural proteins (NSs) of                       
              viruses of the family Bunyaviridae which have sequence similarity with the D.                                   
              melanogaster reaper protein and which are capable of activating cellular apoptotic                              
              pathways.  Specification, pp. 4-5 and 7; Brief II, p. 3.  Specifically, the aforementioned                      
              proteins are said to be capable of activating caspases in a vertebrate cell-based assay.                        
              Id.  Cellular death by apoptosis is said to be generally executed by a family of proteases                      
              known as caspases.  Specification, p. 4.                                                                        
                      The present invention is directed to a method of screening a compound to                                
              determine its affect on caspase activation induced by a viral reaper protein which                              
              involves the use of an isolated viral reaper protein (i) comprising an amino acid                               
              sequence selected from the group consisting of SEQ ID NOS:2-17; (ii) which has at                               
              least 50% sequence similarity with SEQ ID NO:2, and which is capable of inducing                                
              caspase activation in a vertebrate cell; or (iii) which has at least 75% sequence                               
              similarity with SEQ ID NO:2, and which is capable of inducing caspase activation in a                           
              vertebrate cell.                                                                                                
                                                         Discussion                                                           

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