Ex parte ROMISCH et al. - Page 5




              Appeal No. 1996-2216                                                                                      
              Application No. 08/087,058                                                                                


              line 46 - col. 3, line 32).  Again, the examiner has failed to establish a pathophysiological             
              nexus between these diseases and inflammatory skin disorders, intestinal disorders or                     
              purpura which would provide a motivation to treat a different disease with the therapeutics               
              of EP '611 and/or Lezdey with a reasonable expectation of success.  While the examiner                    
              states that "[o]ne of the symptoms of SLE (i.e., systemic lupus erythrematosus) is a                      
              necrotizing, inflammatory skin disorder" (answer, page 4), the examiner did not point out,                
              and we do not find were, EP '611 discloses a necrotizing, inflammatory skin disorder to be                
              a specific symptom of SLE.                                                                                
                     The remaining references, Pelzer, Glover and Sims, do not overcome the                             
              deficiencies of the Kitano, Naka, EP '611 or Lezdey.  Pelzer describes a process for                      
              purifying C1 inactivator, which C1 inactivator  inactivates C1 esterase in the complement                 
              system, "controls" blood clotting enzymes, and is the medicant of choice for hereditary                   
              angioedema (col. 1, lines 7-23).  Sims prevents platelet and endothelial cell activation and              
              cytolysis by complement proteins by administration of an 18 kDa C5b-9 inhibitory protein                  
              that is expressed on erythrocyte membranes (abstract).  Glover discloses serine protease                  
              inhibitor peptides adapted to provide enhanced selectivity and/or potency for a target                    
              protease, including proteases involved in blood clotting and clot degradation and in                      
              complement activation (col. 4, lines 53-67).                                                              




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