Appeal 2007-4148
Application 09/148,012
[T]he written description requirement can be met by “show[ing]
that an invention is complete by disclosure of sufficiently
detailed, relevant identifying characteristics . . . i.e., complete or
partial structure, other physical and/or chemical properties,
functional characteristics when coupled with a known or
disclosed correlation between function and structure, or some
combination of such characteristics.”
Enzo Biochem, Inc. v. Gen-Probe Inc., 323 F.3d 956, 964, (Fed. Cir. 2002)
(emphasis omitted, bracketed material in original).
Here, claim 1 is directed to a method comprising administering a
compound that inhibits uptake, binding, or transport of cholesteryl ester by
SR-BI in order to inhibit pregnancy or decrease steroid production.
The Specification states that such inhibitors
include nucleotide molecules such as antisense
oligonucleotides, ribozymes, and triplex forming
oligonucleotides which bind to the SR-BI gene, either the
protein encoding region of the gene or the regulatory regions of
the gene; small organic molecules which bind to the SR-BI
protein; soluble SR-BI protein or fragments thereof which
competitively bind to the substrate for cell bound SR-BI; and
compounds which block binding of HDL to SR-BI.
(Specification 11.)
The Specification also describes several assays that are said to be
useful “to screen for compounds which are effective in methods for
alter[ing] SR-BI expression, concentration, or transport of cholesterol” (id.
at 14: 21-23; the assays are described on pages 14-17). The Specification
also describes in general terms how to randomly generate “receptor or
receptor encoding sequence binding molecules (id. at 18-19), computer
assisted drug design (id. at 19-20), generation of “nucleic acid regulators”
such as antisense RNA and triplex-forming oligonucleotides (id. at 20-24),
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