Ex parte TODARO et al. - Page 2




                   Appeal No. 1996-2538                                                                                                                             
                   Application 08/097,869                                                                                                                           


                                                                DECISION ON APPEAL1                                                                                 
                            This is an appeal under 35 U.S.C.  134 from the final rejection of claims                                                              
                   1 through 15 and 20.  Claims 16 through 19 and 21 through 24 are pending but have been                                                           
                   withdrawn from consideration by the examiner.  Claims 1 and 20 are illustrative of the                                                           
                   subject matter on appeal and read as follows:                                                                                                    
                            1.  A hybrid cytokine comprising a first, second, third and fourth "-helical region                                                     
                   wherein each of said first, second, third and fourth "-helical regions is derived from the                                                       
                   corresponding "-helical region of a factor selected from the group consisting of leukemia                                                        
                   inhibitory factor (LIF or L), granulocyte-colony stimulating factor (G-CSF or G), interleukin-6                                                  
                   (IL-6 or I), and oncostatin-M (OSM or O); and                                                                                                    
                            wherein at least one said "-helical region of said cytokine is derived from a factor                                                    
                   different from that from which at least one additional region of said cytokine is derived.                                                       
                            20.   A pharmaceutical or veterinary composition useful in affecting the proliferation                                                  
                   and/or differentiation of target cells which composition comprises an effective amount of                                                        
                   the hybrid cytokine of claim 1 in admixture with at least one pharmaceutically acceptable                                                        
                   excipient.                                                                                                                                       

                            No prior art has been relied upon by the examiner in the rejection of the claims                                                        
                   under appeal.                                                                                                                                    
                            Claims 1 through 15 and 20 stand rejected under 35 U.S.C.  112, first paragraph                                                        
                   (enablement).  We reverse.                                                                                                                       




                            1This case is related to Application 08/149,101, Appeal No. 1997-3020.  We have                                                         
                   considered the two appeals together.                                                                                                             
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