Ex Parte Ashkar et al - Page 2

                  Appeal 2007-1623                                                                                         
                  Application 09/981,845                                                                                   

                  dental implants and certain extracellular matrix proteins may be a                                       
                  prerequisite for reproducible direct apposition of bone to titanium implants.”                           
                  (Specification 1: 17-31.)                                                                                
                         The Specification discloses that osteopontin (OPN) binds to integrin-                             
                  type receptors and influences a wide range of biological processes (id. at 1:                            
                  32 to 2: 10).  “[T]he RGD sequence [in osteopontin] appears to mediate cell                              
                  attachment via integrin receptors and thereby activate signal transduction                               
                  pathways with[in] the cell.  Cleavage of osteopontin by thrombin has been                                
                  reported to enhance the ability of cells to attach and spread in vitro . . . ,                           
                  suggesting that thrombin cleavage makes the RGD motif more accessible.”                                  
                  (Id. at 2: 11-16.)                                                                                       
                         “[T]he naturally occurring human osteopontin secreted from human                                  
                  osteoblast cells” is disclosed to have the amino acid sequence shown in SEQ                              
                  ID NO: 1 (id. at 11: 5-6).  SEQ ID NO: 1 is 314 amino acids in length.  The                              
                  Specification discloses several smaller, osteopontin-related peptides,                                   
                  including the one having the amino acid sequence shown in SEQ ID NO: 11                                  
                  (id. at 12: 3-19).  SEQ ID NO: 11 has the following sequence:  RSRRATEV                                  
                  FTPVVPTVDTYDGRGDSVVYGRRSKSKKFRRPAGAAGGPAGPAGPA                                                           
                  GPAGPAGPA (id. at 12: 9-10).  The underlined amino acids are part of the                                 
                  amino acid sequence of SEQ ID NO: 1 (amino acids 142 to 177); i.e., they                                 
                  are a part of osteopontin.  The amino acids before and after the underlined                              
                  amino acids are not part of osteopontin.                                                                 
                         The Specification provides a working example that describes the                                   
                  attachment and spreading behavior of osteoprogenitor cells on plates coated                              
                  with SEQ ID NO: 11 and SEQ ID NO: 15 (id. at 53-55).  (SEQ ID NO: 15 is                                  


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