Appeal No. 2006-2131 Page 2
Application No. 10/309,422
Background
The specification discloses polynucleotides encoding human peptides (referred
to generically as a “novel human proteins” or NHPs) that “share sequence similarity with
mammalian GPI-anchored P137 protein, cerebellin and C1Q proteins.” Page 1. The
proteins are also characterized as “shar[ing] structural similarity with mammalian
membrane proteins (tumor associated markers) and secreted proteins and peptides
such as, but not limited to, cerebellin, C1Q, and collagens” (page 1, line 29 to page 2,
line 3) and being “similar to those related to eucaryotic GPI-anchored P137 protein[ ]
(which is thought to facilitate transport of materials across epithelial surfaces), tumor-
associated proteins, and precursors of secreted proteins” (page 15, lines 29-32).
The specification does not disclose the biological function of any of the disclosed
proteins or their degree of similarity to any known proteins, but contemplates “processes
for identifying compounds that modulate, i.e., act as agonists or antagonists, of NHP
expression and/or NHP activity . . . . Such compounds can be used as therapeutic
agents for the treatment of any of a wide variety of symptoms associated with biological
disorders or imbalances.” Page 2, lines 24-30.
The NHP proteins are disclosed to be useful “in assays for screening for
compounds that can be [used] as pharmaceutical reagents useful in the therapeutic
treatment of mental, biological, or medical disorders and diseases. Given the similarity
information and expression data, the described NHPs can be targeted (by drugs, oligos,
antibodies, etc[.]) in order to treat disease, or to therapeutically augment the efficacy of,
for example, chemotherapeutic agents used in the treatment of diseases such as, but
not limited to, cancer, inflammation, [and] hormonal disorders.” Page 16.
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