Appeal No. 2006-1035 Page 2
Application No. 09/925,140
5’-phosphate cofactor in several B6 enzymes is considered characteristic of SDH.”
Specification, page 1.
The specification discloses a “human serine dehydratase homolog (SDHH),”
having the amino acid sequence shown in SEQ ID NO:1. Page 15, lines 1-2 and 11-12.
“SDHH is 329 amino acids in length and . . . has the serine/threonine dehydratase
pyridoxal-phosphate attachment site at E39. . . . SDHH and rat liver serine dehydratase
share 53.2% identity, and SDHH and human liver serine dehydratase share 56.7%
identity.” Page 15, lines 12-18.
Discussion
1. Claim construction
Claims 3-7, 9, 11, and 12 are on appeal. Claims 1, 2, 8, 10, 13-18, 27, and 28
are also pending but have been withdrawn from consideration by the examiner.
The claims stand or fall together. See the Appeal Brief, page 3. We will focus on
claim 3, which is representative and reads as follows:
3. An isolated polynucleotide encoding a polypeptide selected from the group
consisting of:
a) a polypeptide comprising the amino acid sequence of SEQ ID NO: 1,
b) a polypeptide comprising a naturally occurring amino acid sequence at
least 90% identical to the amino acid [sequence] of SEQ ID NO: 1,
c) a biologically active fragment of a polypeptide having the amino acid
sequence of SEQ ID NO: 1, wherein said biologically active fragment
has serine dehydratase activity, and
d) an immunogenic fragment of a polypeptide having the amino acid
sequence of SEQ ID NO: 1, wherein said immunogenic fragment
generates an antibody that specifically binds to SEQ ID NO: 1.
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