Ex Parte Watkins et al - Page 5

               Appeal 2007-2523                                                                           
               Application 10/370,749                                                                     

               Presta also discloses that the “polypeptide variant may . . . comprise an                  
               antibody or an immunoadhesin” (id. at col. 4, ll. 36-37).                                  
                     Presta defines an “amino acid modification” as “the substitution or                  
               deletion of the specified residue, or the insertion of at least one amino acid             
               residue adjacent the specified residue” (id. at col. 12, ll. 26-30).  In addition,         
               Presta defines an “amino acid substitution” as “the replacement of at least                
               one existing amino acid residue . . . with another different ‘replacement’                 
               amino acid residue” (id. at col. 12, ll. 34-37).  Presta states that the                   
               replacement residue may be a naturally occurring amino acid residue “(i.e.                 
               encoded by the genetic code)” selected from a list of the twenty standard                  
               amino acid residues or a non-naturally occurring amino acid residue (id. at                
               col. 12, ll. 37-49).                                                                       
                     As a variant with altered Fc gamma receptor binding affinity, Presta                 
               refers to a polypeptide comprising an amino acid modification at “one or                   
               more of” 66 amino acid positions of the Fc region, including position 280                  
               (id. at col. 4, ll. 46-55).  As a variant with improved Fc gamma receptor                  
               binding, Presta refers to a polypeptide comprising an amino acid                           
               modification at “one or more of” 32 amino acid positions of the Fc region,                 
               including position 280 (id. at col. 5, ll. 31-40).  As a variant with increased            
               FcγRII binding, Presta refers to a polypeptide comprising an amino acid                    
               modification at “one or more of” 28 amino acid positions of the Fc region,                 
               including position 280 (id. at col. 5, ll. 48-53).  In addition, Presta identifies         
               16 amino acid positions, including position 280, as providing “improved                    
               binding to FcγRII and no effect on FcγRIII binding” (id. at Table 2).  At the              



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