Appeal No. 94-1696
Application 07/811,129
T cell receptor CD11a/CD18 (a.k.a. LFA-1) and a second region
which “substantially corresponds” to an immunoglobulin constant
region. LFA-1 (lymphocyte function-associated antigen 1) is a
cell surface glycoprotein which promotes leukocyte adhesion in
immunological and inflammatory reactions. In addition, the
claimed invention is directed to methods for (i) activating T
cells, (ii) increasing the proliferative response of CD4 T +
cells, and (iii) inducing the production of IL-2 by T cells, by
stimulating T cells with the referenced fusion proteins and a
ligand which binds the T cell antigen receptor, CD3.
In the case before us, the examiner has predicated his
conclusion of obviousness on the teachings of Springer and
Zettlmeissl. Springer is a review article which describes the2
phenomenon of cellular adhesion with respect to T cell receptors
2We note in passing that the examiner refers to the
Staunton publication, a reference which was not included in the
statement of the rejection. Purportedly, Staunton teaches the
cloning of the ICAM-2 molecule and, thus, demonstrates that the
nucleotide and amino acid sequences of said molecule were known
in the art. Answer, p. 2. However, we point out that it is well
established that “[w]here a reference is relied on to support a
rejection, whether or not in a ‘minor capacity,’ there would
appear to be no excuse for not positively including the reference
in the statement of the rejection.” In re Hoch, 428 F.2d 1341,
1342, n. 3, 166 USPQ 406, 407, n. 3 (CCPA 1970). Accordingly,
since the examiner did not include Staunton in the statement of
the rejection, we have not considered any statements or arguments
made by the examiner concerning this reference.
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