Ex Parte D et al - Page 2


             Appeal No. 2005-2739                                                          Page 2              
             Application No. 09/966,893                                                                        

             degeneration . . . [and] accumulation of macromolecules in various tissues and organs of          
             the body causing these organs to function less efficiently, resulting in progressive              
             deterioration . . . and eventually death.”  Specification, page 2.                                
                   “A number of [lysosomal storage disorders] have been treated using enzyme                   
             replacement therapy and several clinical trials are ongoing in this area.  For example,           
             α-Galactosidase A has been used to treat Fabry disease and glucocerebrosidase has                 
             been used to treat Gaucher Disease” (id., page 6).  Table 1 of the specification lists            
             dozens of lysosomal storage disorders and their associated enzyme deficiencies, as well           
             as supporting references.                                                                         
                   “Insect cells . . . used for expression of foreign proteins, typically via infection with   
             a recombinant baculovirus, accomplish most of the same post-translational modifications           
             as mammalian cells, including phosphorylation, N- and O- linked glycosylation, acylation,         
             disulphide cross-linking, and oligomeric assembly.”  Id., page 2.  “Production of foreign         
             protein in insect cells is generally considered [to be] more cost effective and efficient . . .   
             [than production in] mammalian cell[s]” (id., pages 1-2), but the differences in post-            
             translational modifications between insect and mammalian cells are not well understood            
             (id., page 2).  According to appellants, “[t]hese differences and their ill-defined nature are    
             generally considered a disadvantage of producing proteins in insect cells” (id.).                 
                   “The therapeutic activity of proteins . . . used to treat lysosomal storage disorders       
             is attributed primarily to the lysosomal activity of such proteins in macrophages.”  Id.,         
             page 9.  “The present invention is based on the discovery that proteins produced in               
             insect cells by standard baculovirus expression systems are glycosylated in a unique              
             way which makes them susceptible to uptake by macrophages via mannose receptors                   





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