Appeal 2007-1149
Application 10/066,273
BACKGROUND
The Specification describes a clone “isolated from a human fetal lung
library using a trapping technique which selects for nucleotide sequences
encoding secreted proteins” (Specification 65). The Specification states that
this “clone encodes a secreted factor,” which is designated PRO444 (id.),
and that the amino acid sequence of SEQ ID NO: 9 was derived from the
coding sequence of this clone (id. at 27).
The Specification states that, as demonstrated by a positive result in
the assay described in Example 60, PRO444 “act[s] to induce the expression
of c-fos in pericyte cells” (id. at 142). The Specification also states that
“[i]nduction of c-fos expression in pericytes is . . . indicative of the induction
of angiogenesis and, as such, PRO polypeptides capable of inducing the
expression of c-fos would be expected to be useful for the treatment of
conditions where induced angiogenesis would be beneficial including, for
example, wound healing, and the like” (id.).
In addition, the Specification describes “an antibody which
specifically binds to” the described polypeptides (id. at 22). “Anti-PRO
antibodies . . . are useful for the affinity purification of PRO from
recombinant cell culture or natural sources” (id. at 99).
DISCUSSION
1. CLAIMS
Claims 40-44 are pending and on appeal. We will focus on claim 40,
the broadest claim on appeal, which reads as follows:
40. An antibody that specifically binds to the polypeptide of
SEQ ID NO:9.
2
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