Ex Parte Skurkovich et al - Page 10


                  Appeal No. 2006-0624                                                         Page 10                     
                  Application No. 10/096,127                                                                               

                  inhibitor.  See Abstract and claim 2.  Ashkenazi also teaches that “[p]roduction of                      
                  [gamma IFN] at inappropriate levels has been implicated in the pathogenesis of                           
                  several autoimmune and inflammatory diseases and in graft rejection . . . and                            
                  has also been found to cause exacerbation of autoimmune diseases such as                                 
                  multiple sclerosis and psoriasis.”  Col. 5, lines 1-8.  Finally, Levinson teaches that                   
                  Crohn’s disease and psoriasis are TH1 related disorders, Col. 49, lines 28-35,                           
                  and that TH1 cells are know to secrete gamma IFN, Col. 2, lines 53-54.                                   
                         We thus find that given the teachings of Queen that antibodies to IFN                             
                  gamma may be used to treat autoimmune diseases, the teachings of Ashkenazi I                             
                  and Ashkenazi II that IFN-gamma exacerbates psoriasis and that another auto-                             
                  immune disease, Crohn’s disease may be treated with antibodies to IFN gamma,                             
                  the references as combined would suggest to the ordinary artisan that psoriasis,                         
                  known to be an autoimmune disease, may be treated with antibodies to IFN                                 
                  gamma.  Levinson provides further motivation to combine the references by                                
                  teaching that Crohn’s disease and psoriasis are TH1 related disorders, and thus                          
                  the ordinary artisan would have been motivated to use the same therapy in each                           
                  disease.  Thus we find, when the references are read for all they teach, they                            
                  suggest or teach to the ordinary artisan the treatment of the autoimmune disease                         
                  psoriasis with antibodies to IFN gamma.  Moreover, we find that the ordinary                             
                  artisan would have been motivated to PEGylate the antibodies to IFN gamma                                
                  because Tomassi teaches the advantages of PEGylating antibodies, such as low                             
                  binding capacity for cell surface Fc receptors, reduced immunogenicity, good                             
                  storage stability, and non-toxicity.  The ordinary artisan would have been                               





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