Ex Parte Friddle et al - Page 3


              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 therapeutic                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007