Appeal No. 2005-1422 Page 10
Application No. 09/997,522
sequence, SEQ ID NO: 1, … encodes a novel human thrombin receptor homolog
(TRH), SEQ ID NO:2.”
While claim 12 is drawn, inter alia, to “a naturally occurring human variant
of the polynucleotide sequence of SEQ ID NO: 1,” appellants’ specification does
not define the term “naturally occurring human variant” in the context of a TRH
polypeptide, or a polynucleotide.4 With regard to a polypeptide, appellants’
specification discloses that a “‘[n]aturally occurring TRH’ [polypeptide] refers to
TRHs produced by human cells that have not been genetically engineered and
specifically contemplates various TRHs arising from post-translational
modifications of the polypeptide including but not limited to acetylation,
carboxylation, glycosylation, phosphorylation, lipidation and acylation.”
Specification, page 5. We note that appellants do not define a naturally occurring
TRH polypeptide as a variant. Instead, appellants define polypeptide variants as
“recombinant polypeptide variants.” See specification, page 5, a “‘[r]ecombinant
polypeptide variant’ refers to any polypeptide having the activity of the TRH
polypeptide and differing from naturally occurring TRHs by amino acid insertions,
deletions, and substitutions created using recombinant DNA techniques.” On
reflection, appellants’ specification does not identify, or disclose a naturally
occurring human variant of a TRH polypeptide.
4 We recognize appellants’ assertion (Brief, page 36) that “variants of SEQ ID NO:1 and SEQ ID
NO:2 are described in the specification at, for example, page 4, lines 30-32; page 5, lines 22-25;
page 5, line 30 to page 6, line 11; page 7, lines 17-23; and page 8, lines 14-29.” None of these
sections of appellants’ specification, however, provide a description of a “naturally occurring
human variant of the polynucleotide sequence of SEQ ID NO: 1” as required by claim 12, part b.
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