Appeal No. 2006-0624 Page 6
Application No. 10/096,127
It would have been prima facie obvious to one of ordinary skill in
the art at the time the invention was made to have created the
claimed invention because Queen [ ] teach[es] that humanized anti
IFNgamma antibody can be used to treat a variety of different
autoimmune diseases whilst Ashkenazi [ ] teach[es] that
IFNgamma has been shown to exacerbate autoimmune diseases
such as psoriasis and Levinson discloses that psoriasis (as well as
Crohn’s disease) are TH1 related immune diseases wherein the
Ashkenazi [ ] publications disclose treatment of Crohn’s disease
using anti IFNgamma antibody. One of ordinary skill in the art
would have been motivated to do the aforementioned because
Ashkenazi [ ] teach[es] that IFNgamma has been shown to
exacerbate autoimmune diseases such as psoriasis and that other
diseases involving IFNgamma (e.g. IBD) can be treated using anti
IFNgamma antibody. In addition, Levinson discloses that both
psoriasis and Crohn’s disease are TH1 mediated diseases wherein
TH1 cells secrete IFNgamma.
Id. at 4-5.
“[T]he Examiner bears the burden of establishing a prima facie case of
obviousness based upon the prior art. ‘[The Examiner] can satisfy this burden
only by showing some objective teaching in the prior art or that knowledge
generally available to one of ordinary skill in the art would lead that individual to
combine the relevant teachings of the references.’” In re Fritch, 972 F.2d 1260,
1265, 23 USPQ2d 1780, 1783 (Fed. Cir. 1992) (citation omitted). An adequate
showing of motivation to combine requires “evidence that ‘a skilled artisan,
confronted with the same problems as the inventor and with no knowledge of the
claimed invention, would select the elements from the cited prior art references
for combination in the manner claimed.’” Ecolochem, Inc. v. Southern Calif.
9 We note that in the second obviousness rejection, Novick is cited for a similar proposition.
Novick is thus cited for teaching that it is desirable to block the action of gamma interferon in
autoimmune diseases such as psoriasis. See Examiner’s Answer, page 5.
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