Appeal 2007-1148
Application 10/078,592
metalloproteases, and bone morphogenetic protein” (Specification 2). The
nucleic acids are said to be “useful for the identification of protein coding
sequences, and mapping a unique gene to a particular chromosome” (id. at
3).
The encoded protein is said to have numerous uses:
These uses include, but are not limited to, the generation of
antibodies, as reagents in diagnostic assays, for the
identification of other cellular gene products related to the
NHP, and as reagents in assays for screening for compounds
that can be used as pharmaceutical reagents. . . . [T]he
described NHP can be targeted (by drugs, oligos, antibodies,
etc.) in order to treat disease, or to therapeutically supplant or
augment the efficacy of, for example, chemotherapeutic agents
used in the treatment of cancer, or agents used to treat
inflammatory disorders, arthritis, or infectious diseases.
(Id. at 19.)
DISCUSSION
1. CLAIMS
Claims 1 and 3-8 are pending and on appeal. The claims have not
been argued separately and therefore stand or fall together. 37 C.F.R.
§ 41.37(c)(1)(vii). Claim 4 is representative and reads as follows:
4. An isolated nucleic acid molecule encoding the amino acid
sequence of SEQ ID NO:2.
2. REFERENCES
The Examiner relies on the following references:
Beasley 6,461,850 B2 Oct. 8, 2002
Beasley 6,638,751 B2 Oct. 28, 2003
2
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