Appeal No. 2005-0731 Page 3 Application No. 09/974,712 modulate, i.e., act as agonists or antagonists, of NHP expression and/or NHP activity . . . . Such compounds can be used as therapeutic agents for the treatment of a wide variety of symptoms associated with biological disorders or imbalances.” Page 3. The specification discloses that two polymorphic positions were identified in SEQ ID NO:2. Page 16, lines 24-32. In the Sequence Listing, the purportedly polymorphic positions are shown to be occupied by only a single nucleotide in SEQ ID NO:1 and only a single amino acid in SEQ ID NO:2; that is, the Sequence Listing does not reflect the purportedly polymorphic nature of the two positions. The specification states that “suitably labeled NHP nucleotide probes can be used to screen a human genomic library using appropriately stringent conditions or by PCR. The identification and characterization of human genomic clones is helpful for identifying polymorphisms . . . , determining the genomic structure of a given locus/allele, and designing diagnostic tests.” Page 11. The specification also states that “[t]he NHP proteins or peptides, NHP fusion proteins, NHP nucleotide sequences, host cell expression systems, antibodies, antagonists, agonists and genetically engineered cells and animals can be used for screening for drugs . . . effective in the treatment of the symptomatic or phenotypic manifestations of perturbing the normal function of a NHP in the body.” Page 15. Or “the NHP products can be used as therapeutics. For example, soluble derivatives such as NHP peptides/domains corresponding to NHPs, . . . NHP antibodies . . ., antagonists or agonists . . . can be used to directly treat diseases or disorders.” Pages 15-16. The NHP protein is disclosed to be useful “in assays for screening for compounds that can be used as pharmaceutical reagents useful in the therapeuticPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007