Appeal 2007-2953
Application 10/175,749
lacking patentable utility. We have jurisdiction under 35 U.S.C. § 6(b). We
affirm.
BACKGROUND
The specification discloses 305 DNA sequences and the encoded
amino acid sequences. Pages 6-38. Among the disclosed sequences is SEQ
ID NO:73, which encodes a polypeptide referred to as “PRO700” having the
amino acid sequence shown in SEQ ID NO:74. Page 10 and Figure 74. The
encoded amino acid sequence is disclosed to include a signal sequence.
Figure 74.
The present specification does not further characterize the amino acid
sequence of SEQ ID NO:74. However, the present application claims
priority as follows:
This application is a continuation of . . . a continuation of . . . a
continuation-in-part of . . . a continuation-in-part of . . . US
Application 09/380138 filed 8/25/1999, now abandoned, which
is the National Stage filed under 35 USC §371 of PCT
Application PCT/US99/05028 filed 3/18/1999, which claims
priority under 35 USC § 119 to US provisional application
60/080333 filed 4/1/1998.
(Preliminary Amendment received Sept. 18, 2002, at 1-2.)
PCT application US99/05028 was published as WO 99/46281 on
Sept. 16, 1999. Thus, the contents of that application were known to those
of ordinary skill in the art as of that date. WO 99/46281 characterizes
PRO700 as follows:
13. PRO700
Protein-disulfide isomerase (PDI) is a catalyst of disulfide
formation and isomerization during protein folding. It has two
catalytic sites housed in two domains homologous to
2
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