Appeal No. 94-3867
Application 07/808,075
substantially resistant to protease, endoglycosidase F and collagenase enzymes, and
wherein FA- is a single fatty acid selected from the group comprising fatty acids having a
carbon chain length from two (2) to about twenty (20) carbon atoms and wherein said fatty
acid is covalently attached to the carboxyl end terminal amino acid residue of said SP-C.
68. A method for treating hyaline membrane disease or other syndromes
associated with insufficient or abnormal surfactant material said method comprising
administration of an effective amount of a surfactant composition to a patient in need of
treatment, said surfactant composition consisting of at least FA-SPC and at least one lipid
according to claim 62.
The references relied upon by the examiner are:
Sokol 4,234,475 Nov. 18, 1980
Whitsett et al. (Whitsett),
2
(PCT International Publication) WO87/06943 Nov. 19, 1987
Claims 54 through 69 stand rejected under 35 U.S.C. § 103 as unpatentable over
Whitsett in view of Sokol. We reverse.
DISCUSSION
The claimed invention is directed in one aspect to a purified composition of matter
which consists of a covalently linked compounded physical admixture with at least one
lipid. The covalently linked compound consists of two parts, i.e., a specified surfactant
associated protein C (SP-C) and a specified single fatty acid (FA). The fatty acid is
covalently attached to either the amino end terminal amino acid residue of the SP-C (claim
2 The Whitsett patent document identifies as U.S. Application No. 07/860,239 as a
priority application. Appellants state at page 6 of the appeal brief that that application
issued as Patent No. 5,013,770. That is in error. That application ultimately issued as
Patent No. 5,013,720.
3
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