Appeal 2007-1040
Application 09/960,708
10. Jiang teaches “that it was known in the art that [the topical]
administration of cyclosprorin A [sic], which is ‘remarkably similar’ in
biological properties with FK506, to mice inhibited skin tumor formation in
mice” (id.; Jiang 67, col. 1, ll. 7-13 and 69, col. 2, ll. 20-22).
11. Jiang “demonstrate tumor inhibition in Figure 1 via FK506 in mice with
papillomas promoted by DMBA/TPA treatment . . .” (Answer 3).
12. “A topical application of FK506 to mouse skin 15 min before each TPA
treatment resulted in a dose-related inhibition of tumor formation” (Jiang 67:
abstract).
13. “Topical application of CsA . . . inhibited various biochemical reactions
of skin in response to TPA application. . . .” (Jiang 69, col. 2, ll. 20-22).
14. Flanagan teaches that cyclosporin A and FK506 have similar properties
(Answer 4).
15. Bolontrade teaches that “[a]ngiogenesis is an early event in the
development of chemically induced skin tumors” (Bolontrade title).
16. Topical application of TPA results in the development of a chemically
induced skin tumor (Jiang 67, col. 1, ll. 10-13; Bolontrade 2108, col. 1, ll.
60-64).
DISCUSSION
ANTICIPATION:
Claims 8-11, 15-18, 35, 37, 39, 40, and 44 stand rejected under
35 U.S.C. § 102(b) as anticipated by Jiang.
The Examiner contends that Jiang’s method includes “all the steps of
the instant methods and use the same compound specifically recited in the
claims and the effects [inhibiting angiogenesis/vascular development] are
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