Appeal 2007-2517
Application 10/311,196
STATEMENT OF CASE
The invention relates to a G-protein coupled receptor (GPCR) having
the amino acid sequence of SEQ ID NO: 2. Claims 1-7, 9, 11, 16, 17, 19,
22, 25, and 26 are pending (Br. 2). Claims 19, 22, 25, and 26 are withdrawn
from consideration (Br. 2).
Claims 1-7, 9, 11, 16, and 17 stand rejected under 35 U.S.C § 101 as
lacking utility; under 35 U.S.C § 112, first paragraph, as failing to teach how
to use the claimed rejection; and under 35 U.S.C § 112, first paragraph, as
failing to comply with the written description requirement (Answer 3, 6).
All the claims stand or fall together within each rejection because
Appellants’ did not provide separate reasons for the patentability for any of
the individual claims. See 37 C.F.R. 41.37(c)(1)(vii). We select claim 1 as
representative for the purpose of deciding all issues in this appeal. Claim 1
reads as follows:
1. An isolated polypeptide selected from the group
consisting of:
a) a polypeptide comprising SEQ ID NO: 2;
b) a polypeptide comprising at least 500 contiguous amino
acids of SEQ ID NO: 2, wherein the polypeptide has taste-
specific receptor activity.
DISCUSSION
The issue in this appeal is whether the instant application discloses a
specific and substantial utility for the claimed invention. Appellants’
contend that their application discloses that the claimed polypeptide having
the amino acid sequence of SEQ ID NO: 2 is a human taste-specific receptor
useful for screening new sweetener compounds (Br. 4, 9). The Examiner
contends that instant application does not disclose that the claimed
2
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