Appeal 2007-0866
Application 09/993,234
Issue 2:
As discussed above, Appellant’s claimed nucleic acid sequence
encodes an Apo-3 polypeptide or a biologically active variant thereof that
comprises one of four specifically defined amino acid residue ranges of SEQ
ID NO: 6. Appellant defines an Apo-3 variant as “a biologically active Apo-
3 as defined below having less than 100% sequence identity with Apo-3
having the deduced amino acid sequence shown in FIG. 4 (SEQ ID NO:6)
for a full-length native sequence human Apo-3” (Specification 13: 32-35).
Appellant defines “biologically active” as “having the ability to modulate
apoptosis (either in an agonistic manner by inducing or stimulating
apoptosis, or in an antagonistic manner by reducing or inhibiting apoptosis)
in at least one type of mammalian cell in vivo or ex vivo” (Specification 19:
6-11). In addition, Appellant discloses that Apo-3 is believed to be a
member of the tumor necrosis factor receptor family (Specification 8: 12-
13).
Similarly, ‘285 teaches an isolated nucleic acid molecule (SEQ ID
NO: 1), which is disclosed as “a novel member of the tumor necrosis factor
(TNF) family of receptors” and comprises nucleic acid sequences encoding a
death domain containing receptor (DDCR) (‘285 3: 19-23). According to
‘285, the “death domain . . . is responsible for transducing signals for
programmed cell death” (‘285 3: 5-7). “Apoptosis, or programmed cell
death, is a physiologic process essential to the normal development and
homeostasis of multicellular organisms” (Yu, col. 2, ll. 22-24). As Yu
explains, “[c]ellular response to TNF-family ligands include not only normal
physiological responses, but also diseases associated with increased
apoptosis or the inhibition of apoptosis” (Yu, col. 3, ll. 39-42). While the
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