Appeal No. 2005-0410
Application No. 09/902,461
21. A method of treating cardiomyopathy associated with glycogen storage
disease type II in a human individual having glycogen storage disease type II,
comprising administering to the individual a therapeutically effective amount of
human acid " glucosidase periodically at an administration interval, wherein the
human acid " glucosidase was produced in chinese [sic, Chinese] hamster ovary
cell cultures.
22. A pharmaceutical composition comprising human acid " glucosidase, wherein
the human acid " glucosidase was produced in chinese [sic, Chinese] hamster
ovary cell culture, in a container, the container having a label containing instructions
for administration of the composition for treatment of glycogen storage disease type
II.
The references relied upon by the examiner are:
Fuller et al. (Fuller), “Isolation and characterisation of a recombinant, precursor form of
lysosomal acid "-glucosidase.” Eur. J. Biochem., vol. 234, pp. 903-909, (1995).
Bijvoet et al. (Bijvoet), “Recombinant human acid "-glucosidase: high level production in
mouse milk, biochemical characteristics, correction of enzyme deficiency in GSDII KO
mice.” Human Molecular Genetics, vol. 7, pp. 1815-1824, (1998).
The claims stand rejected as follows:
I. Claims 1-9 and 11-23 stand rejected under 35 U.S.C. § 112, second paragraph, as
being indefinite for failing to particularly point out and distinctly claim the subject matter
which the appellant regards as his invention.
II. Claims 1-4, 9, 21 and 23 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Fuller.
III. Claims 1-7, 11-18, 21 and 23 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by, or in the alternative under 35 U.S.C. § 103(a) as obvious over, Fuller.
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