Ex Parte Short - Page 8



          Interference No. 105,188                                                    
          Short v. Punnonnen                                                          
               the ability to bind to the natural ligand(s) of the B                  
               lymphocyte antigen on immune cells, such as CTLA4 and/or               
               CD28 on T cells, and inhibit (e.g., block) or stimulate                
               (e.g., enhance) immune cell costimulation.  Such nucleic               
   5           acids are considered equivalents of the human B7-2                     
               nucleotide sequence provided in Figure 8 (SEQ ID NO:1)                 
               and murine B7-2 nucleotide sequence provided in Figure 14              
               (SEQ ID NO:22) and are within the scope of this invention.             
  10      (Exh. 2040, p. 10, ll. 24-35);                                              
               In one embodiment, the nucleic acid is a cDNA encoding a               
               peptide having an activity of the B7-2 B lymphocyte antigen.           
               Preferably, the nucleic acid is a cDNA molecule consisting             
  15           of a least a portion of a nucleotide sequence encoding human           
               B7-2 . . . .                                                           
          (Exh. 2040, p. 10, l. 36, to p. 11, l. 1);                                  
  20                A “fragment” of a nucleic acid encoding a novel B                 
               lymphocyte antigen is defined as a nucleotide sequence                 
               having fewer nucleotides than the nucleotide sequence                  
               encoding the entire amino acid sequence of the B lymphocyte            
               antigen and which encodes a peptide having an activity of              
  25           the B lymphocyte antigen (i.e., the ability to bind to the             
               natural ligand(s) of the B lymphocyte antigen on immune                
               cells, such as CTLA4 and/or CD28 on T cells and either                 
               stimulate or inhibit immune cell costimulation).  Thus, a              
               peptide having B7-2 activity binds CTLA4 and/or CD28 and               
  30           stimulates or inhibits a T cell mediated immune response, as           
               evidenced by, for example, cytokine production and/or T cell           
               proliferation by T cells that have received a primary                  
               activation signal.  In one embodiment, the nucleic acid                
               fragment encodes a peptide of the B7-2 antigen which retains           
  35           the ability of the antigen to bind CTLA4 and/or CD28 and               
               deliver a costimulatory signal to T lymphocytes.  In another           
               embodiment, the nucleic acid fragment encodes a peptide                
               including an extracellular portion of the human B7-2 antigen           
               (e.g., approximately amino acid residues 24-245 of the                 
  40           sequence provided in Figure 8 (SEQ ID NO:2)) which can be              
               used to bind CTLA4 and/or CD28 and, in monovalent form,                
               inhibit costimulation, or in multivalent form, induce or               
               enhance costimulation.                                                 
  45      (Exh. 2040, p. 12, ll. 18-33);                                              
                                         -8-                                          




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