Appeal No. 2007-0057
Application No. 10/174,586
utility and lack of written description, and affirm some but not all of the
rejections for anticipation.
BACKGROUND
The specification discloses 305 DNA sequences and the encoded
amino acid sequences. Pages 6-38. Among the disclosed sequences is SEQ
ID NO:31, which encodes a polypeptide referred to as “PRO270,” having
the amino acid sequence shown in SEQ ID NO:32. Page 8 and Figure 32.
The encoded amino acid sequence is disclosed to include a signal sequence,
transmembrane domain, sites for various post-translational modifications,
and a “Myb DNA-binding domain repeat signature 1.” Figure 32.
The present specification does not further characterize the amino acid
sequence of SEQ ID NO:32. However, the present application claims
priority as follows:
This application is a continuation of . . . US Application
10/052586 filed 1/15/2002, which is a continuation of . . . PCT
Application PCT/US01/06520 filed 2/28/2001, which is a
continuation-in-part of . . . US Application 09/380139 filed
8/25/1999, now abandoned, which is the National Stage filed
under 35 USC §371 of PCT Application PCT/US98/19330 filed
9/16/1998, which claims priority under 35 USC § 119 to US
provisional application 60/063121 filed 10/24/1997.
Preliminary Amendment filed Sept. 18, 2002, pages 1-2.
PCT application US98/19330 was published as WO 99/14328 on
March 25, 1999. Thus, the contents of that application were known to those
of ordinary skill in the art as of that date. WO 99/14328 characterizes
PRO270 as follows:
Thioredoxins [a]ffect reduction-oxidation (redox) state. Many
diseases are potentially related to redox state and reactive
2
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