Appeal No. 2006-3253 Page 10 Application No. 10/276,547 states that compounds having certain properties might be useful for treating Type I or Type II diabetes but provides no evidence that either the protein of SEQ ID NO:2 or compounds that bind to it have those properties or reasonably would have been expected to have them. The specification states that Type I diabetes can potentially be treated with agents that prevent the underlying autoimmune reaction or that “induce beta cell proliferation and regeneration.” Page 52, lines 5-9. The specification states that Type II diabetes can potentially be treated with agents “that increase the response by the beta cell to glucose,” that “increase the activity of the insulin receptor in muscle, liver and fat,” or that “directly activate the cellular end product . . . to generate an insulin-like effect,” as well as by “any agent that reduces body weight.” Page 52, lines 11-26. The specification also states that “[b]oth Type I and Type [II] diabetes can be treated with agents that mimic insulin action or that treat diabetic complications by reducing blood glucose levels.” Page 52, lines 28-29. The evidence of record, however, does not show that the protein of SEQ ID NO:2 or compounds that bind to it were recognized as having any of these properties, or reasonably would have been expected to have any of these properties, as of the effective filing date. The only evidence apparent in the specification that would be relevant to diabetes is in Table 1 (page 77). Table 1 shows that the protein of SEQ ID NO: 2 has a relative expression level of 240.57 in pancreas (compared to 1.00 in “spleen liver cirrhosis” and 2499.15 in “uterus”). The examiner has not disputed the accuracy of the expression data, but even assuming that Table 1 represents actual,Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 3, 2007