Appeal No. 2006-2556 Page 7
Application No. 09/977,155
release of the C-terminal tail from the membrane. We therefore reverse the
anticipation rejection of claims 1-9 and 11-14.
3. Obviousness
Claims 15-20 stand rejected under 35 U.S.C. § 103(a) as being obvious over
Willnow in view of Herz.2
The examiner acknowledges that Willnow differs from the claims “in not teaching
all the possible LDL receptor[s] (namely LRP, LRP1b, megalin, LDLR, VLDLR, ApoER2,
MEGF7, LRP5, LRP6, and LR11).” Answer, page 5.
However, the examiner points out that Herz discloses that “[t]he core members of
the LDL receptor gene family include the LDL receptor, LRP, megalin, VLDL, ApoER2,
LrP1b, and MEGF7,” and that these core members of the LDL receptor gene family are
closely related structurally. Id. (citing Herz, at page 571, first column, second
paragraph). The examiner urges that one skilled in the art would therefore have
considered it obvious “to use various known LDL receptor equivalents having similar
structures and found native to the membrane as taught by Herz in the method of
Willnow et al. because Herz taught that the LDL receptor gene family consists of seven
structurally related cell surface receptors.” Id.
Appellants argue that “nowhere does Herz disclose or suggest producing and
detecting a protease liberated C-terminal tail of any LD[L] receptor as required by our
claims.” Appeal Brief, page 5.
2 Herz, “The LDL Receptor Gene Family: (Un)Expected Signal Transducers in the Brain,” Neuron,
Vol. 29, pp. 571-581 (March, 2001).
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