For the whole decision click here: o17105
Summary
The application relates to a human polypeptide, human testis expressed patched-like protein (HTPL), a protein stated to be involved in the Hedgehog signaling pathway. Further claims relate to standard features or applications of polypeptides and polynucleotides which would be considered when any protein and/or gene is identified. Having considered the disclosures in the cited document, a National Center for Biotechnology Information (NCBI) sequence accession document containing references to three journal documents, it was held that there was in fact no disclosure and no evidence that the HTPL sequence was disclosed prior to the priority date of the application. In light of this it was considered that neither the NCBI accession document nor the references contained therein could be used to make an inventive step objection against the claimed invention and consequently the application was deemed to posess an inventive step.