Appeal 2007-1040
Application 09/960,708
the invention was made would] use compounds with the specific biological
properties of cyclosprorin A [sic] and FK506 in the method of Jiang . . . .”
(Answer 5.)
CLAIMS 36-44:
Claims 36-44 depend from either claim 8 or claim 15. Accordingly,
claims 36-44 require that the Ca2+/calcineurin/NF-ATc inhibitory agent be
administered systemically. As discussed above, Jiang does not teach the
systemic administration of either cyclosporin A or FK506.
The Examiner relies on Flanagan to teach that FK506 and cyclosporin
have similar properties (Answer 4). The Examiner fails to identify, and we
do not find, a portion in Flanagan that teaches the systemic administration of
a Ca2+/calcineurin/NF-ATc inhibitory agent (e.g. FK506 or cyclosporin A)
to a host. Accordingly, Flanagan fails to make up for the deficiencies in
Jiang.
Therefore, we reverse the rejection of claims 36-44 under 35 U.S.C.
§ 103 as being unpatentable over the combination of Jiang and Flanagan.
CLAIMS 46 and 47:
Claims 46 and 47, however, stand on a different footing. Appellants
provide separate arguments for claim 46 and 47. Accordingly, we address
each claim below.
CLAIM 46:
Claim 46 is drawn to a method of inhibiting angiogenesis/vascular
development in a host, e.g., a mouse. Claim 46 requires the host (mouse) to
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