Appeal 2007-1623
Application 09/981,845
The Examiner made an election-of-species requirement (Office action
mailed March 6, 2003) and Appellants elected the species of SEQ ID
NO: 11 (Paper received April 7, 2003). Thus, up to this point, only the
claimed embodiment of SEQ ID NO: 11 has been examined on the merits.
2. PRIOR ART
The Examiner relies on the following references:
Hu et al., “A biochemical characterization of the binding of osteopontin to
integrins αVβ1 and αVβ5,” J. Biol. Chem., Vol. 270, No. 44, pp. 26232-26238
(1995).
Tuck et al., “Osteopontin-induced, integrin-dependent migration of human
mammary epithelial cells involves activation of the hepatocytes growth
factor receptor (Met),” J. Cell. Biochem., Vol. 78, pp. 465-475 (2000).
3. ENABLEMENT
Claims 1-3, 5, and 6 stand rejected under 35 U.S.C. § 112, first
paragraph, as not enabled throughout their full scope. The Examiner
acknowledges that the Specification is enabling for a peptide comprising
SEQ ID NO: 11 that binds to the αvβ3 integrin receptor and increases
attachment and spreading of osteoprogenitor cells (Answer 3) but concludes
that the Specification does not enable those skilled in the art to use SEQ ID
NO: 11 to bind to any of the other receptors listed in claim 1 or to promote
attachment and spreading of the other types of cells listed in claim 6 (id. at
3-4). The Examiner cites references teaching that osteopontin “binds
integrin receptors αvβ3, αvβ1 and αvβ5, not all the integrins as recited in
instant claim 1” and that osteopontin binds the αvβ3 receptor in some cell
lines but not in others (id. at 5). The Examiner concludes:
4
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: September 9, 2013