Appeal No. 95-0371
Application 07/965,304
REMAND
1. Full Text Priebe Article
Upon return of the application, the examiner should consider the full text Priebe
article. If the examiner remains of the opinion that the claims on appeal are either
anticipated or rendered obvious on the basis of this full text article, the examiner should
issue an appropriate Office action setting forth such rejections. If the examiner determines
that the full text Priebe article anticipates any claim or claims on appeal, that Office action
should set forth a detailed analysis in support of the rejection including, at the least, page,
column, and line citations to the full text article where the examiner believes each claim
requirement is described. If the examiner believes that Priebe is useful as evidence of
obviousness under 35 U.S.C. § 103, we urge the examiner to use the model set forth in
The Manual of Patent Examining and Procedures (MPEP) § 706.02(j) for making
rejections under this section of the statute.
2. Boldt and Carrera
The active agent used in the present invention is fludarabine-5'-monophosphate
(fludarabine). Boldt describes the administration of fludarabine to humans. While it does
not appear that the humans involved in the work reported by Boldt were suffering from an
autoimmune disease, the reference may be relevant in determining the patentability of
claims such as 4 and 10 which are directed to administering this active ingredient to
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