Appeal No. 1997-0711
Application No. 08/271,539
In reaching our decision in this appeal we have given careful consideration to the
appellants' specification and claims and to the respective positions articulated by the
appellants and the examiner. We make reference to the examiner's answer (Paper No.
20, mailed May 29, 1996) and to the examiner's supplemental answer (Paper No. 24,
mailed October 16, 1996) for the examiner's reasoning in support of the rejections and to
the appellants' brief (Paper No. 19, filed February 12, 1996) and to the appellants' reply
brief (Paper No. 21, filed July 29, 1996) for the appellants' arguments thereagainst.
THE INVENTION
Human Interleukin-4 (IL-4) is protein which enhances the growth and/or biological
activities of T and B lymphocytes, macrophages, mast cells and erythropoietin-stimulated
red blood cell progenitors, as well as increases in IgG and IgE production. Antagonists of
IL-4 may, therefore, be useful for treating allergies by decreasing mast cell growth and IgE
production. Antibodies have been used to antagonize the biological activity of IL-4. See
specification, p. 1, l. 14 - p. 2, l. 8.
The claimed invention is directed to a method of producing antibodies capable of
binding to IL-4 and of inhibiting the binding of IL-4 to cellular receptors, which method
comprises administering a polypeptide consisting of amino acid residues 61 to 82 of
IL-4 to an animal whereby the animal produces the desired antibodies (claim 11).
According to the specification,
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