Appeal No. 2005-0792 Page 14
Application No. 09/750,373
be useful for treating, appellants’ Brief focuses on asthma and diabetes.
According to appellants (Brief, page 76), “[t]he specification does teach ‘the utility
of the claimed polynucleotide of SEQ ID NO: 12 …, stating that the claimed
receptor is useful in the treatment of asthma and diabetes.” See also, Brief, page
8, wherein appellants assert the claimed receptor exhibits about 84% sequence
identity to G protein-coupled receptor for asthma susceptibility (GPRA receptors)
which “play a role in asthma” and “asthma susceptibility”; and arginine
vasopressin receptors “which are involved in the ‘pathogenesis of asthma and
other IgE-mediated diseases’ as well as diabetes.”
In this regard, appellants argue (Brief, page 4), “BLAST searches show
significant similarity between the claimed receptors and known receptors involved
in asthma. Highest scoring matches show between about 82% and 84% percent
similarity to two isoforms of GPRA receptors (also known as ‘G protein-coupled
receptor for asthma susceptibility’ or ‘GPR154’)….” In addition, appellants assert
(id.), “BLAST searches show significant similarity between the claimed receptors
and known arginine vasopressin receptors. Highest scoring matches show
between about 82% and 84% percent similarity to a vasopressin receptor (known
as “VRR1”)….”
We note, however, that this BLAST data is not presented in appellants’
originally filed disclosure. Further, as to the nexus between the claimed
polynucleotide (which encodes nGPCR-1007) and asthma, we note that
appellants’ disclosure, at best, suggests (specification, page 62, emphasis
6 Appellants’ Brief is not paginated. Accordingly, we have treated the Brief as if it was numbered
consecutively starting with the first page.
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