Ex Parte Watkins et al - Page 2

               Appeal 2007-2523                                                                           
               Application 10/370,749                                                                     

               two constant domains” (id.) and is “involved in non-antigen binding                        
               functions” (id. at 1).  For example, it “binds Fc receptors, which may trigger             
               . . . antibody dependent cellular cytotoxicity (ADCC)” (id. at 2).                         
                     The Specification refers to “compositions comprising a variant . . . of              
               a parent polypeptide having at least a portion of an Fc region, wherein the                
               variant mediates antibody-dependent cell-mediated cytotoxicity (ADCC) in                   
               the presence of effector cells more effectively than the parent polypeptide                
               and comprises at least one amino acid modification at position 280 in the Fc               
               region” (id.).  Specifically, the Specification describes an “amino acid                   
               modification at position 280 in the Fc region selected from D280H, D280Q,                  
               and D280Y”; i.e., substitution of  histidine (H), glutamine (Q), or tyrosine               
               (Y) for the naturally occurring aspartic acid (D) at position 280 (id. at 3).              
               The Specification also describes a variant comprising an antibody or                       
               immunoadhesin (id. at 4).                                                                  
                                             DISCUSSION                                                   
               1.  CLAIMS                                                                                 
                     Claims 1-3, 5-8, and 10 are on appeal.  Claims 11-20 are also pending                
               but have been withdrawn from consideration by the Examiner.  We will                       
               focus on claim 1, the broadest claim on appeal, which reads as follows:                    
               1.  A composition comprising a variant of a parent polypeptide having at                   
               least a portion of an Fc region, wherein said variant mediates antibody-                   
               dependent cell-mediated cytotoxicity (ADCC) in the presence of effector                    
               cells more effectively than said parent polypeptide, wherein said variant                  
               comprises a histidine, glutamine or tyrosine amino acid at position 280 in the             
               Fc region, and wherein said parent polypeptide is an antibody or                           
               immunoadhesin.                                                                             



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