Appeal No. 2007-0187 Page 5
Application No. 10/121,148
27 under 35 U.S.C. § 102(b) as anticipated by Lespagnard as evidenced by
London.
The combination of Waldmann and Paglia:
Claims 15-28 stand rejected under 35 U.S.C. § 103 as being unpatentable
over the combination of Waldmann and Paglia.
According to the Examiner, Waldmann teaches a genetically modified DC
which expresses, inter alia, CDllc and MHC Class II, which is capable of
presenting antigen to, and antigen-specifically stimulating, CD4+ and/or CD+ T
cells. Answer, page 4. As the Examiner recognizes, however, Waldmann does
not teach an immortalized DC. Answer, page 5. More specifically, as Appellants
point out (Brief, page 12), Waldmann teaches away from immortalized DCs,
stating that
[a]lthough many groups have attempted . . . [to] generat[e] stable
DC lines, the results have been universally disappointing, most
putative lines being either retrovirally transformed (Paglia et al.,
1993[ ]2 . . .) or incapable of progressing beyond an immature state
. . . . Thus none of these provides a useful, renewable source of
DC or one that can be genetically manipulated.
Waldmann, bridging paragraph, pages 2-3.
Notwithstanding Waldmann’s express statement that Paglia fails to
provide “a useful, renewable source of DC or one that can be genetically
manipulated”, the Examiner relies on Paglia to make up for the deficiencies in
2 According to Waldmann, page 21, Paglia et al., 1993 refers to “Paglia P et al. (1993)
Immortalized dendritic cell line fully competent in antigen presentation initiates primary T cell
responses in vivo. J Exp Med 178:1893-1901.”
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