Appeal No. 2005-0792 Page 3
Application No. 09/750,373
of many cell types.” According to appellants’ specification (page 2), each G
protein-coupled “receptor has its own characteristic primary structure, expression
pattern, ligand-binding profile, and intracellular effector system.” In this regard,
appellants disclose (specification, bridging sentence, pages 2-3), “a need exists
for G protein-coupled receptors that have been identified and show promise as
targets for therapeutic intervention in a variety of animals, including humans.”
According to the specification (page 13), “[t]he present invention provides
purified and isolated polynucleotides … that encode unknown G protein-coupled
receptors heretofore termed novel GPCRs, or nGPCRs.” Appellants disclose
(Specification, page 14), the nucleic acid of SEQ ID NO:12 was detected in brain
tissue indicating that the “nGPCR-[10071] protein” encoded by this sequence is a
neuroreceptor. The specification, however, also indicates that “significant
expression” of the nucleic acid of SEQ ID NO:12 was also “observed in lymph
node, thyroid gland, and testis.” Specification, page 99. Based on this
observation, appellants postulate (Specification, bridging paragraph, pages 99-
100) that
[e]xpression of nGPCR-1007 in these tissues provides an indication
that modulators[2] of nGPCR[-1007] activity have utility for treating
metabolic diseases (e.g., type 2 diabetes, obesity, anorexia,
hypertension, atherosclerosis, etc.); and thyroid disorders (e.g.[,]
thyroitoxicosis, myxoedema); inflammatory conditions (e.g., Chron’s
disease); rheumatoid arthritis; autoimmune disorders; movement
disorders; CNS disorders (e.g., pain including migraine; stroke;
psychotic and neurological disorders; including anxiety, mental
disorder, manic depression, anxiety, generalized anxiety disorder,
1 See Table 1 (specification, page 13), wherein nGPCR-1007 is disclosed to be encoded by SEQ
ID NO: 12.
2 We emphasize that claim 25 is drawn to an isolated nucleic acid molecule comprising SEQ ID
NO:12, not a modulator of a protein encoded by SEQ ID NO:12.
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