Ex Parte Massaro et al - Page 3

              Appeal 2007-0852                                                                                         
              Application 09/919,195                                                                                   

                    Xiao-Chun Xu et al., Suppression of Retinoic Acid Receptor ß in Non-Small-                         
              Cell Lung Cancer In Vivo:  Implications for Lung Cancer Development, 89 (9)                              
              Journal of the National Cancer Institute 624 (1997).                                                     
                    Cong Yan et al., Retinoic acid-receptor activation of SP-B gene                                    
              transcription in respiratory epithelial cells, 275 The American Physiological                            
              Society L239-L246 (1998).                                                                                
                    Manely Ghaffari et al., Inhibition of hSP-B promoter in respiratory                                
              epithelial cells by a dominant negative retinoic acid receptor, 276 The American                         
              Journal of Physiology L398-L404 (1999).                                                                  


                                                   DISCUSSION                                                          
              Background                                                                                               
                    The present invention is directed to methods and compositions for                                  
              promoting the formation of alveoli in mammalian lung tissue.  (Specification 4.)                         
              In one embodiment, the invention comprises a therapeutic method for inducing the                         
              formation of alveoli in mammalian lung tissue by administration of a composition                         
              comprising a therapeutically effective amount of a ligand that is an RAR (retinoic                       
              acid receptor) β antagonist.  (Specification 4-5.)   The retinoid receptors are part of                  
              the steroid/thyroid/vitamin D superfamily of nuclear receptors.  (Specification 8.)                      
              In a preferred aspect of this embodiment, the RAR β receptor antagonist or inverse                       
              agonist has specific RAR modulating activity at the RAR  receptor, and is not                            
              specific to the RARα receptor.  (Specification 6-7.)                                                     
                    By "specific RAR modulating activity" in the claim, it is meant that such a                        
              compound has a disassociation constant (KD) (the ligand concentration at which                           
              50% of the RAR receptors are complexed with the ligand) at an RAR receptor at                            
              least 10 times, preferably at least 25 times, even more preferably at least 50 times,                    

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