Appeal No. 1996-0826
Application No. 08/271,583
presence of a i) a peroxide and ii) a bromide or chloride, b) selectively binding the haloperoxidase to
the pathogenic microbes, c) oxidizing the halide and d) selectively killing the pathogenic microbes while
not eliminating the normal flora of the animal (substitute brief, page 3).
OPINION
I. The rejection of claims 1-3, 5-15, 17, 19-28 and 59-60 under 35 U.S.C. § 103 over Lehrer,
Klebanoff (31) or Belding taken with Kanofsky and Clark and further in view of Hasegawa.
Lehrer discloses that the combination of myeloperoxidase (MPO), iodide and hydrogen
peroxide is lethal to several fungal species of Candida, Saccharomyces, Geotrichum and
Rhodotorula fungi as well as to spores of Asperigillus fumigatus and A. niger fungi (abstract; page
363, col. 2, last para., Table 3). A hydrogen peroxide-generating system could replace hydrogen
peroxide in the candidacial system (abstract; page 362, col. 1, first full para. and col. 2, first full para.).
Klebanoff (31) discloses that Mycobacterium leprae are killed by the peroxidase-hydrogen
peroxide-halide antimicrobial system found in phagocytes (abstract; page 535). The peroxidase is
either MPO, released by cytoplasmic granules in neutrophils into the phagosome, or eosinophil
peroxidase (EPO), released by eosinophil granules either into the phagosome or extracellularly (page
534, first para.). EPO and, to a lesser degree, MPO bind strongly to the negatively charged surfaces of
microorganisms. Thus, the cidal activity of macrophages is potentiated when the macrophages ingest
microorganisms with EPO bound to their surfaces (page 534, first para.).
- 5 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007