Appeal 2007-1040
Application 09/960,708
47. A method of inhibiting tumor growth in a host having a
neoplastic disease condition, said method comprising:
administering to said host an effective amount of a cyclosporin to
inhibit tumor growth in said host having a neoplastic disease condition.
The Examiner relies on the following prior art references to show
unpatentability:
Flanagan et al. (Flanagan), “Nuclear association of a T-cell transcription
factor blocked by FK-506 and cyclosporin A,” Nature, Vol. 352, pp.
803-807 (1991).
Jiang et al. (Jiang), “Anti-tumor-promoting action of FK506, a potent
immunosuppressive agent,” Carcinogenesis, Vol. 14, pp. 67-71 (1993).
Bolontrade et al. (Bolontrade), “Angiogenesis is an early event in the
development of chemically induced skin tumors,” Carcinogenesis,
Vol. 19(12), pp. 2107-2133 (1998).
The rejections as presented by the Examiner are as follows:
1. Claims 8-11, 15-18, 35, 37, 39, 40, and 44 stand rejected under 35 U.S.C.
§ 102(b) as anticipated by Jiang.
2. Claims 36-44, 46, and 47 stand rejected under 35 U.S.C. § 103 as being
unpatentable over the combination of Jiang and Flanagan.
We reverse the rejection under 35 U.S.C. § 102(b) and the rejection of
claims 36-44 under 35 U.S.C. § 103. We affirm the rejection of claims
46 and 47 under 35 U.S.C. § 103.
FINDINGS OF FACT
1. A Ca2+/calcineurin/NF-ATc inhibitory agent includes FK506,
rapamycin, and cyclosporin A [(CsA)] (Specification 6: ¶ 20).
3
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