Ex Parte Ashkar et al - Page 3

                  Appeal 2007-1623                                                                                         
                  Application 09/981,845                                                                                   

                  an acetylated peptide that is the same as SEQ ID NO: 11 except that it lacks                             
                  the C-terminal non-osteopontin amino acids.)  The example shows that SEQ                                 
                  ID NO: 11 and SEQ ID NO: 15 both promote the attachment and spreading                                    
                  of osteoprogenitor cells, and that the activity of SEQ ID NO: 15 was                                     
                  inhibited by antibodies to the αvβ3 receptor but was not inhibited by                                    
                  antibodies to the CD44 or αβ1 receptors (id. at 54-55, Table 8).                                         
                                                     DISCUSSION                                                            
                  1.  CLAIMS                                                                                               
                         Claims 1-3, 5, and 6 are on appeal and read as follows:                                           
                  1. An active ostopontin peptide fragment comprising an amino acid                                        
                  sequence selected from the group consisting of SEQ ID NO:7, SEQ ID                                       
                  NO:8, SEQ ID NO:9, SEQ ID NO:10, SEQ ID NO:11, SEQ ID NO:12, SEQ                                         
                  ID NO:13, SEQ ID NO:14, and SEQ ID NO:15, wherein the peptide binds                                      
                  to at least one integrin receptor on a cell surface selected from the group                              
                  consisting of ανβ3, ανβ5, 4β1, 2β1, VCAM, ICAM CD44, V3Vx.                                               
                  2. The peptide fragment of claim 1, wherein the peptide increases cell                                   
                  attachment to a biomaterial and increases cell spread.                                                   
                  3. The peptide fragment of claim 1, wherein the peptide binds to at least                                
                  one integrin receptor on a cell surface selected from the group consisting of                            
                  VCAM, ICAM CD44, and V3Vx.                                                                               
                  5. The peptide fragment of claim 1 wherein the integrin(s) is selected                                   
                  from the group consisting of ανβ3, ανβ5, 4β1, and 2β1.                                                   
                  6. The peptide fragment of claim 1 wherein the cell is selected from the                                 
                  group consisting of osteoprogenitor cells, tumor cells, macrophages,                                     
                  periosteal cells, endothelial cells, epithelial cells, eosinophils, stem cells,                          
                  limited potential precursor cells, precursor cells, committed precursor cells,                           
                  and differentiated cells.                                                                                



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