Ex Parte Ramakrishnan - Page 10


                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,                                       







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