Ex Parte Short - Page 9



          Interference No. 105,188                                                    
          Short v. Punnonnen                                                          
                    This invention further pertains to expression vectors             
               containing a nucleic acid encoding at least one peptide                
               having the activity of a novel B lymphocyte antigen, as                
               described herein, operably linked to at least one regulatory           
   5 sequence. . . . .                                                                
          (Exh. 2040, p. 14, ll. 7-9);                                                
                    The invention also features methods of producing                  
  10           peptides having an activity of a novel B lymphocyte antigen.           
               For example, a host cell transfected with a nucleic acid               
               vector directing expression of a nucleotide sequence                   
               encoding a peptide having activity of the B7-2 protein can             
               be cultured in a medium under appropriate conditions to                
  15 allow expression of the peptide to occur. . . . .                                
          (Exh. 2040, p. 14. ll. 29-33);                                              
                    Transfected cells which express peptides having                   
  20           activity of one or more B lymphocyte antigens (e.g., B7-2,             
               B7-3) on the surface of the cell are also within the scope             
               of this invention.                                                     
          (Exh. 2040, p. 15, ll. 29-31); and                                          
  25                                                                                  
               [A] peptide having an activity of the B7-2 protein is                  
               defined herein as a peptide having the ability to bind to              
               the natural ligand(s) of the B7-2 protein on immune cells,             
               such as CTLA4 and/or CD28 on T cells and either stimulate or           
  30           inhibit cell costimulation.  Thus, a peptide having B7-2               
               activity binds CTLA4 and/or CD28 and stimulates or inhibits            
               a T cell mediated immune response (as evidenced by, for                
               example, cytokine production and/or proliferation by T cells           
               that have received a primary activation signal). . . .                 
  35           Alternatively, a peptide having both B7-2 binding activity             
               and the ability to deliver a costimulatory signal to T cells           
               is used to stimulate or enhance T cell proliferation and/or            
               cytokine secretion in a subject.                                       
  40      (Exh. 2040, p. 16, ll. 22-30; emphasis added).                              
               We find that the Freeman PCT alone describes procedures for            
          obtaining polynucleotides encoding active B7-2 co-stimulator                

                                         -9-                                          




Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007