Appeal No. 2005-1422 Page 13
Application No. 09/997,522
lines 17-23, the “recombinant nucleotide variants” encode T7Gs generally. There
is no specific requirement in appellants’ definition of nucleotide variants that
requires the nucleotide sequence to encode a human thrombin receptor or
homolog thereof. Accordingly, we disagree with appellants’ assertion (Brief,
page 37), “[o]ne of ordinary skill in the art would recognize polynucleotide
sequences which are TRH[ ]7-encoding variants of SEQ ID NO:1, having codons
which vary from those of SEQ ID NO:1.” There is no requirement in appellants’
claim 12 that a “naturally occurring human variant of the polynucleotide sequence
of SEQ ID NO: 1” encode a thrombin receptor homolog.
Appellants also assert (Brief, page 42), “[t]he subject matter of the present
claims is defined in terms of the chemical structure of SEQ ID NO:1….” In our
opinion, this assertion fails to take into account the full scope of claim 12. Claim
12, part b is drawn to a “naturally occurring human variant of the polynucleotide
sequence of SEQ ID NO: 1.” As defined by the portion of the specification
appellants rely upon for support, variant polynucleotides encode T7Gs.
Specification, page 7, lines 17-23. In this regard, we note that appellants admit
(Brief, page 43), “[t]he present application is directed, inter alia, to
polynucleotides encoding G-protein coupled seven transmembrane receptor
proteins (T7Gs), including polynucleotides encoding thrombin receptor homologs
related to the amino acid sequence of SEQ ID NO:2.” Claim 12 does not require
any relationship with SEQ ID NO:2, or that the nucleotide variant actually encode
7 According to appellants’ specification (page 5), “[a]s used herein, TRH, refers to thrombin
receptor homologs, naturally occurring TRHs and active fragments thereof, which have
essentially the amino acid sequence shown in SEQ ID NO:2.”
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