Appeal No. 2005-2121 Page 2
Application No. 09/745,605
BACKGROUND
The present invention is directed to apex-1, a nucleotide sequence “predicted to
encode [APEX-1, a] new member[ ] of the immunoglobulin superfamily” “which
possess[es] structural features shared with the CD2 subgroup [of the Ig superfamily,]”
including “[an] N-terminal signal peptide, an extracellular domain or region having Ig-like
features, a hydrophobic transmembrane domain, and a C-terminal intracellular or
cytoplasmic domain” (id., page 7).
The specification does not disclose any specific activity or function associated
with APEX-1, but teaches that members of the immunoglobulin superfamily generally
“mediate diverse biological events including leukocyte proliferation, differentiation,
migration, and activation” (id., page 1), and that the CD2 subgroup of the Ig superfamily
“consists primarily of cell-surface receptors that regulate adhesion among different
leukocytes and generate co-stimulatory signals” (id.). Based on the asserted structural
similarity to members of the CD2 subgroup, appellants suggest that “APEX proteins
may play a role as cell-surface receptors that regulate adhesion among different
leukocytes and generate co-stimulatory signals” (id., page 7).
The specification discloses that APEX-1 “can be used to map the location of [its]
corresponding gene[ ] and other related naturally occurring genomic sequences” (id.,
page 46), and can also “be used to access and elaborate functions of APEX proteins”
(id.).
In addition, the specification discloses that “[s]tructural similarity in the context of
sequences and motifs between APEX and proteins defined by CD antigens suggests
that APEX proteins may be a potential target for diseases such as inflammation, cancer
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