Appeal 2007-0866
Application 09/993,234
INTRODUCTION
“Control of cell numbers in mammals is believed to be determined, in
part, by a balance between cell proliferation and cell death” (Specification 1:
23-25). One form of cell death is often referred to as “apoptosis”
(Specification 1: 28-31). Various molecules, such as tumor necrosis factor-
α, tumor necrosis factor-β, Apo-1 ligand (otherwise known as Fas or CD95
ligand), Apo-2 ligand have been identified as members of the tumor necrosis
factor (TNF) family of cytokines (Specification 2: 26-31). A number of
these molecules, [including inter alia,] TNF-α, TNF-β, . . . Apo-1 ligand, . .
. and Apo-2 ligand “have been reported to be involved in apoptotic cell
death” (Specification 2: 34-36). Appellant identified cDNA clones that
encode polypeptides, which they designate as Apo-3 (Specification 8: 9-10).
Appellant discloses that Apo-3 is a member of the TNFR family and is able
to stimulate or induce apoptotic activity in mammalian cells (Specification
8: 11-13).
The claims are directed to a nucleic acid encoding Apo-3 polypeptide
(claim 34); a vector comprising the nucleic acid (claims 36 and 37), a host
cell comprising the vector (claim 38); and a process for producing Apo-3
polypeptide (claims 39). Claim 34 is illustrative:
34. Isolated nucleic acid encoding Apo-3 polypeptide comprising
amino acid residues 1 to 417, 25 to 417, 25 to 198, or 338 to 417 of SEQ ID
NO: 6, or a biologically active variant thereof.
2
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