Appeal 2007-2953
Application 10/175,749
recognized, as of this application’s effective filing date, to be an established
or promising treatment for such diseases.
Appellants have not disclosed any specific disorder that could be
effectively treated with the claimed polypeptide or an inhibitor of it.
Therefore, their argument that the claimed polypeptide “allows the
development of novel therapies directed to the targeting and/or treatment of
diseases involving protein misfolding and cellular viability/proliferation,
such as various types of cancer,” does not persuade us that the identification
of SEQ ID NO:74 as a PDI-related protein is sufficient, in itself, to establish
the patentable utility of the claimed polypeptide.
SUMMARY
Appellants have not disclosed a specific and substantial utility for the
claimed polypeptide. We therefore affirm the rejections of claims 25-32 and
35-37 under 35 U.S.C. §§ 101 and 112, first paragraph, for lack of
patentable utility.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2006).
AFFIRMED
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