Appeal 2006-3288
Application 10/316,761
have been identified in humans, mice and rats” (id. at 3: 1-2). The PAP
proteins, “like other members of the reg/PSP family, share[ ] sequence
similarity with the carbohydrate-binding domain of C-type lectins, which
likely explains the ability of PAP to induce aggregation of bacteria” (id. at 3:
8-10). “The PAP proteins are secretory proteins which are stored in
zymogen granules prior to secretion” (id. at 3: 6-7), and are “present at low
levels in normal pancreas but [are] rapidly overexpressed during the acute
phase of pancreatitis” (id. at 3: 7-8).
“The present invention features a . . . C-type lectin protein hereinafter
designated human PAP-2 and characterized as having a similarity to the
human PAP 1 protein” (id. at 4: 10-11). The claims at issue in this appeal
are directed to “a purified antibody which binds specifically to a polypeptide
comprising at least a portion of the amino acid sequence of SEQ ID NO:1”
(id. at 5: 25-26).
DISCUSSION
Claims 11, 31, 32, 34, 42, and 43 are pending and the subject of
appeal. Appellants do not argue the claims separately. Therefore, the claims
subject to each rejection will stand or fall together, as provided in 37 CFR
§ 41.37(c)(1)(vii). Claims 11 and 31 are representative and read as follows:
11. An isolated antibody which specifically binds to a polypeptide
of SEQ ID NO:1.
31. The antibody of claim 11, wherein the antibody is:
a) a chimeric antibody,
b) a single chain antibody,
c) a Fab fragment,
d) a F(ab’)2 fragment, or
e) a humanized antibody.
2
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