Appeal No. 2007-1140
Application No. 10/753,729
Claims 1-22 are pending (Substitute Br. 1). In the Answer, the
Examiner withdrew certain rejections and, for reasons not clear from the
record, stated that claims 12, 19, and 21 would be allowable if rewritten in
independent form (Answer 3, 7).
The appealed claims are drawn to peptide-based compounds which
comprise the tripeptide sequence arginine-glycine-aspartic acid (RGD)
which is known to bind to integrin receptors (Specification 4: 19-32).
Integrin receptors are located on cells involved in angiogenesis, the process
of forming new blood vessels (id. at 4: 5-11). There are numerous diseases
and indications associated with angiogenesis, including cancer and
inflammatory diseases, such as atherosclerosis (id. at 3: 4-20). One
approach in diagnosing diseases associated with angiogenesis is to target the
integrin receptors located on the new or inflamed blood vessels. “The
efficient targeting and imaging of integrin receptors associated with
angiogenesis in vivo demands therefore a selective, high affinity RGD based
vector that is chemically robust and stable.” (Id. at 6: 8-11). “[T]he
invention provides new peptide-based compounds of Formula I as defined in
the claims. These compounds have affinity for integrin receptors, e.g.
affinity for the integrin [receptor] αvβ3.” (Id. at 6: 18-21.)
The Examiner relies on the following evidence to establish the
unpatentability of the claims:
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