Appeal 2007-4007
Application 90/006,954
A method for increasing the capacity of insulin
producing cells in an animal comprising repeatedly
administering to said animal a therapeutically effective dose of
at least one DP IV enzyme activity effector and causing cells
present in the pancreas to differentiate into insulin producing
cells.
We are obliged to construe a claim as broadly as is reasonably
possible in view of the disclosure. We understand the express step of the
method to require the repeated dosing of a patient with an effective amount
of at least one DP IV enzyme activity effector. We further understand the
result of this regimen to be, inter alia, the differentiation of some pancreas
cells into insulin-producing cells such that the collective cellular insulin-
producing capacity of the patient increases. The claim is not limited to any
specific dosage or rate of administration.
THE REJECTIONS
After the final rejection, OSI limited the claims under consideration to
claim 3. Consequently, we take the final statement of the rejections from the
Examiner's Answer (Ans. 7-14). Claim 3 stands rejected for being directed
to an invention that was anticipated by a published German application
(Probiodrug):
Probiodrug Gesellschaft für Arzneimittelforschung, Neue
Effektoren von Dipeptidylpeptidase IV, DE 299 09 210 U1
(pub'd 9 September 1999)
We rely on the English-language translation in the record.
Claim 3 stands rejected for being directed to an invention that was
anticipated by a Villhauer published application.
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