Ex Parte THEOHARIDES - Page 2


                 Appeal No. 2003-1418                                                         Page 2                   
                 Application No. 09/056,707                                                                            

                               with mast cell secretion inhibitory activity, said proteoglycan                         
                               comprising a chondroitin sulfate, alone or together with one or more                    
                               synergistic adjuvants.                                                                  
                        3.     The method of claim 1, wherein said adjuvant is a flavonoid.                            
                        4.     The method of claim 3, wherein said flavonoid is selected from the                      
                               group consisting of myrisetin, quercetin, kaempferol, genistin, a 2-                    
                               phenylchromone and 2-phenylbenzopyrone.                                                 
                        6.     The method of claim 1, wherein said atopic allergic disease is                          
                               selected from the group consisting of allergic asthma, allergic                         
                               rhinitis, allergic conjunctivitis, allergic otitis media, allergic                      
                               dermatitis, food allergy and allergic urticaria.                                        

                        The examiner relies on the following references:                                               
                 Wagner et al. (Wagner)                   5,260,335            Nov. 9, 1993                           
                 Ahmed                                    5,980,865            Nov. 9, 1999                           
                        Claims 1, 3, 4, and 6 stand rejected under 35 U.S.C. § 103 as obvious in                       
                 view of Ahmed and Wagner.                                                                             
                        We reverse.                                                                                    
                                                     Background                                                        
                        “Mast cells are a normal component of connective and mucosal tissues and                       
                 play an important role in allergy and inflammation.”  Specification, page 1.  “Each                   
                 mast cell contains up to 500 secretory granules, each storing more than 20 potent                     
                 biological compounds.  Mast cells secrete the contents of these granules (i.e.,                       
                 degranulate) when triggered by various specific and non-specific mechanisms,                          
                 such as the allergic reaction involving immunoglobulin E (IgE) and antigen.”  Id.                     










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