Appeal 2007-1068
Application 10/015,394
BACKGROUND
Initially, we note that this appeal is related to an appeal in Application
No. 10/013,913 (Appeal No. 2006-1907). We have considered the two
appeals together.
The Specification discloses a large number of cDNA clones (derived
from various mammalian recombinant DNA libraries) encoding “PRO
polypeptides” (Specification 6-280). The clone designated DNA76532-1702
(SEQ ID NO: 375) encodes PRO1760 (SEQ ID NO: 376), a polypeptide
with “limited sequence identities to known proteins” (id. at 298: 23-27; 352:
17-20; Figs. 219 and 220). PRO1760 is one of eight PRO polypeptides that
“tested positive as inhibitors of glucose and/or FFA uptake” in an assay in
primary rat adipocytes (id. at 511: 34 to 512: 10). Eight other PRO
polypeptides “tested positive as stimulators of glucose and/or FFA uptake”
in the same assay (id.). According to the Specification, “PRO polypeptides
testing positive in this assay would be expected to be useful for the
therapeutic treatment of disorders where either the stimulation or inhibition
of glucose uptake by adipocytes would be beneficial including, for example,
obesity, diabetes or hyper- or hypo-insulinemia” (id.).
The Specification also teaches that antibodies to PRO polypeptides, in
general, may be used as affinity purification reagents (id. at 380: 15-21);
diagnostic reagents (id. at 380: 1-13); and antagonists of PRO polypeptides
(id. at 371: 27-30).
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