Appeal 2004-1103
Application 09/733,387
characterized Pb99 as a G-protein coupled receptor. Therefore, we disagree
with appellants’ assertion that Sleckman supports a conclusion that the sequence
of claim 1 must encode a G protein-coupled receptor because it shares some
degree of similarity with Pb99. Request, page 2.
Sleckman reports on the cloning and functional characterization of an
early-lymphocyte-specific gene - Pb99. See e.g., Sleckman title. In this report,
Sleckman mentions G protein-coupled receptors three times. First, Sleckman’s
abstract states “[t]he cDNA with the longest open reading frame encodes a
putative protein that has seven hydrophobic domains similar to those of seven
membrane-spanning proteins, such as the classical G protein-coupled
receptors.” We do not find this statement to be a characterization of Pb99 as a G
protein-coupled receptor. To the contrary, Sleckman is simply noting that Pb99
has seven hydrophobic domains which are similar to those in seven membrane-
spanning proteins, for example, G protein-coupled receptors. Similarly, in the
second column of page 4406, Sleckman restates that Pb99 “may be a seven-
membrane-spanning protein similar to G protein-coupled
receptors . . . .” In our opinion, this is far from a functional characterization of
Pb99 as a G protein-coupled receptor. Finally, Sleckman states that Pb99
“contains a hydrophobic signal peptide and seven distinct hydrophobic domains,
suggesting that it may be an integral membrane protein that spans the
membrane seven times, similar to the classical G protein-coupled
receptors. . . .” Sleckman, page 4409, second column. Again, it is our opinion
that this is far from a functional characterization of Pb99 as a G protein-coupled
receptor.
Instead of functionally characterizing Pb99 as a G protein-coupled
receptor, Sleckman recognizes that “Pb99 shares some homology with members
of the recently described EGF-TM7 subfamily of cell surface receptors . . . .” Id.
According to Sleckman, “it has been proposed that the EGF-TM7 proteins are
receptors which function in the immune response . . . . However, a clear role for
the EGF-TM7 receptors in the immune response has yet to be elucidated.”
Sleckman, page 4409, column 2. Lastly, Sleckman concludes that “[f]uture
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