Appeal No. 2002-0253
Application No. 09/093,450
of the specification that the use of chimeric antibodies for therapeutic purposes was
well known in the art. Answer, p. 3.
The examiner argues that Le and Ackerman disclose methods of treating
rheumatoid arthritis which comprise the use of anti-TNF" antibodies and cyclosporin A,
respectively. Answer, p. 3. The examiner concludes that since it was well known in the
art to use chimeric antibodies for human therapy to reduce the immunogenicity of the
therapeutic antibody, it would have been obvious to one of ordinary skill in the art to
employ chimeric TNF" antibodies in combination with cyclosporin to treat rheumatoid
arthritis. Id., p. 4.
The appellant has not contested the examiner’s position. Since it reasonably
appears that the appellants are using compounds which were known in the art to treat
rheumatoid arthritis, for that very purpose, we agree with the examiner that it would
have been obvious to one of ordinary skill in the art to arrive at the claimed method of
treating rheumatoid arthritis using therapeutically effective amounts of anti-TNF"
antibodies and cyclosporin. That is, it would have been obvious to employ known
compounds for their known and expected results. Cf., In re Kerkhoven, 626 F.2d 846,
850, 205 USPQ 1069, 1072 (CCPA 1980).
Accordingly, Rejection III is affirmed.
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