Appeal No. 1996-3791
Application 08/028,087
37 CFR § 1.142(b) as not readable on th elected invention. The subject matter of the
claims on appeal is directed to a method for the systemic administration of pegylated
granulocyte colony stimulating factor (G-CSF).
Representative claim 29 is reproduced below:
29. A method for the systemic administration of pegylated G-CSF, comprising
depositing a therapeutically effective amount of said pegylated protein optionally in a
pharmaceutically acceptable carrier in the lungs of a mammal in need thereof while the
mammal is inhaling.
Prior art references relied upon by the examiner as evidence of obviousness are:
Platz et al. (Platz) 5,284,656 Feb. 8. 1994
Eur. Pat. App. (Ishikawa) A1 401 384 Dec. 12, 1990
Debs et al. (Debs), “Lung-Specific Delivery of Cytokines Induces Sustained Pulmonary
and Systemic Immunomodulation in Rats,” Journal of Immunology, Vol. 140, No. 10,
pp. 3482-488 (May 15, 1988).
Takada et al. (Takada), “Evidence for the Pulmonary Absorption of Fluorescent
Labelled Macromolecular Compounds,” J. Pharm. Dyn., Vol. 1, pp. 281-87 (1987).
The appealed claims 29 through 33 and 46 through 55 stand rejected under
35 U.S.C. § 103.3 As evidence of obviousness, the examiner relies upon Ishikawa,
Platz and Takada. We note that this is a new ground of rejection (Examiner’s Answer,
3 The amendment filed May 22, 1995 (Paper No. 16), amending claims 29-31 and 46-52 and
cancelling claims 34-37, 39-45 and 56-59, was authorized entry by the examiner in the advisory action
mailed June 21, 1995 (Paper No. 19), who also indicated that the amendment overcame the final rejection
of claims 29-33 and 46-55 under 35 U.S.C. § 112, first paragraph (lack of enablement).
2
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007