Ex Parte Coleman et al - Page 11


                  Appeal No.  2005-1422                                                           Page 11                   
                  Application No.  09/997,522                                                                               
                         The same is true of the polynucleotide of claim 12.  Appellants define                             
                  polynucleotide variants as “recombinant nucleotide variants,” not naturally                               
                  occurring human variants.  See specification, page 7,                                                     
                                “[r]ecombinant nucleotide variants” encoding T7Gs may be                                    
                         synthesized or selected by making use of the “redundancy” in the                                   
                         genetic code.  Various codon substitutions, such as the silent                                     
                         changes which produce specific restriction sites, may be introduced                                
                         to optimize cloning into a plasmid or viral vector or to increase                                  
                         expression in a particular prokaryotic or eukaryotic system.  Codon                                
                         usage-specific mutations may also be introduced or chimeras                                        
                         containing the domains of related peptides added to test or modify                                 
                         the properties of any part of the polypeptide, particularly to change                              
                         ligand-binding affinities, interchain affinities, or degradation/turnover                          
                         rate.                                                                                              
                  We note with interest that appellants’ definition of “recombinant nucleotide                              
                  variants” defines the variants as encoding “T7Gs.”  According to appellants’                              
                  specification (page 1), “[t]he thrombin receptor[ ]5 is a G-protein coupled seven                         
                  transmembrane receptor (T7G) which is present on platelets, endothelial cells,                            
                  fibroblasts, mesangial cells, neural cells and smooth muscle cells.”  G-protein                           
                  coupled seven transmembrane receptors (T7Gs), however, encompass more                                     
                  than the thrombin receptor.6  According to appellants’ specification (page 2),                            
                                The thrombin receptor is classified with the nonneurokinin                                  
                         T7G receptors which include many glycoprotein hormone receptors                                    
                         such as those for luteinizing hormone (LH) and follicle stimulating                                
                         hormone (FSH). They have very long N-termini, bind a common                                        
                         ligand structural motif with low affinity to activate the receptor, and                            
                         rely on the N-termini and extracellular loops to impart high affinity                              
                         and specificity….                                                                                  


                                                                                                                            
                  5 According to appellants’ specification (page 4), SEQ ID NO: 1 as set forth in claim 12 “encodes         
                  a novel human thrombin receptor homolog (TRH).”                                                           
                  6 According to appellants (Brief, page 11), “T7G proteins as a class are well known as proteins           
                  which transmit signals across plasma membranes in response to specific stimuli.”                          





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