Appeal No. 2006-0624 Page 9
Application No. 10/096,127
treatment of IBD or any other autoimmune disease, but rather at best teach a
method of treating food poisoning by co-administering a gamma interferon
inhibitor and an antibody to IL-2,” and thus “there is no reason to believe that
Ashkenazi I and II . . . teach an operable method of treating IBD in a human.” Id.
at 20.
Appellants’ arguments regarding the problem to be solved unduly limit the
teachings of the references, as the teachings of a reference are not limited to the
specific examples disclosed therein, but may be used for all they fairly teach. In
re Mills, 470 F.2d 649, 651, 176 USPQ 196, 198 (CCPA 1972); In re Chapman,
357 F.2d 418, 424, 148 USPQ 711, 716 (CCPA 1966) (“A reference can be used
for all it realistically teaches and is not limited to disclosures in its specific
illustrative examples.”).
Thus, although Queen is drawn to the production of humanized
antibodies, as noted by the examiner, Queen teaches that “in disease states
where the immune system is over-active, e.g., autoimmune diseases and organ
transplant rejection, antagonists of [gamma-interferon] may be used to treat the
disease by neutralizing the stimulatory effects of [gamma-interferon].” Col. 36,
lines 41-45. Queen further teaches the use of humanized anti-gamma IFN
antibodies may be used in the treatment of human autoimmune disorders. Col.
37, lines 12-15. Thus, Queen fairly suggests the treatment of autoimmune
disorders with the use of anti-gamma IFN antibodies.
Ashkenazi I teaches (and claims) the treatment of inflammatory bowel
disease, such as Crohn’s disease, through the administration of a gamma IFN
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