Appeal 2007-0543
Application 10/023,182
BACKGROUND
Major Histocompatibility Complex (MHC) molecules are cellular proteins
that form complexes with proteolytic fragments of antigens, and transport those
antigen fragments to the cell surface to present them to the body’s T cells in order
to provoke a specific immune response. A given MHC molecule characteristically
recognizes and binds peptides that are similar in size and sequence. Methods of
predicting which portions of a given protein are likely to bind a given MHC
molecule were known in the art at the time of the invention, as were cytotoxicity
assays designed to determine whether a given MHC-bound peptide is capable of
provoking a T cell response. Specification 24: 4 to 25: 18.
DISCUSSION
Claims 32, 34-37, and 40, are the subject of this appeal, and are directed
to a genus of proteins consisting of immunoreactive portions of NY-ESO-1, a
purported tumor rejection antigen precursor encoded by SEQ ID NO: 1.
Specifically, the claims are directed to portions of NY-ESO-1 that can be
processed by a cell to generate peptides capable of provoking a T cell response
after complexing with MHC molecules. Claim 41, also pending, is directed to
three specific portions of NY-ESO-1, and has been indicated allowable.
Claim 32 is representative of the subject matter on appeal, and reads as
follows:
32. An isolated protein consisting of an immunoreactive portion of a
protein encoded by an isolated nucleic acid molecule, consisting of
the nucleotide sequence of SEQ ID NO: 1, wherein said
immunoreactive portion of a protein is processed by a cell to form a
peptide which complexes to an MHC molecule and provides a T cell
response.
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Last modified: September 9, 2013