Appeal No. 2005-0731 Page 2
Application No. 09/974,712
Smith et al. (Smith), “The challenges of genome sequence annotation or ‘the devil is in
the detail’,” Nature Biotechnology, Vol. 15, pp. 1222-1223 (1997)
Doerks et al. (Doerks), “Protein annotation: detective work for function prediction,” TIG,
Vol. 14, No. 6, pp. 248-249 (1998)
Brenner, “Errors in genome annotation,” TIG, Vol. 15, No. 4, pp. 132-133 (1999)
Bork (Bork II), “Powers and Pitfalls in Sequence Analysis: The 70% Hurdle,” Genome
Research, Vol. 10, pp. 398-400 (2000)
Skolnick et al. (Skolnick), “From genes to protein structure and function: novel
applications of computational approaches in the genomic era,” Trends in Biotech, Vol.
18, No. 1, pp. 34-39 (2000)
Claims 1-3 and 5 stand rejected under 35 U.S.C. §§ 101 and 112, first
paragraph, as lacking patentable utility.
We affirm.
Technical Background
The specification discloses polynucleotides encoding human proteins (referred to
generically as a “novel human proteins” or NHPs) that “share structural similarity with
mammalian ion channel proteins, and particularly potassium channels and more
particularly voltage-gated potassium channel proteins.” Page 2. One of the disclosed
polynucleotides encodes a polypeptide of 456 amino acids (with the amino acid
sequence shown in SEQ ID NO:2). Page 2, lines 5-7. The specification does not
further characterize polypeptide of SEQ ID NO:2 or its encoding polynucleotide, but
notes that “[i]on channel proteins are integral membrane proteins that mediate or
facilitate the passage of materials across the lipid bilayer.” Page 1.
The specification does not disclose what role the protein of SEQ ID NO:2 plays in
any physiological process, but contemplates “processes for identifying compounds that
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