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withdrawn from consideration by the examiner.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.
2
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