Appeal No. 1997-3951
Application 08/238,987
12. The method of claim 8 wherein the compound eliciting production of
cytokines is endotoxin in a dosage stimulating production of tumor necrosis factor.
Claims 1, 3 through 5, 7, 8, 10, 11, and 13 through 18 stand rejected under
35 U.S.C. § 112, first paragraph (enablement). The examiner does not rely upon
any evidence in support of this rejection. We reverse and make a new ground of
rejection under 37 CFR § 1.196(b).
DISCUSSION
Parent application 07/389,617 issued as U.S. patent 5,147,638 (`638
patent). Claims 1 and 12 of the `638 patent read as follows:
1. A composition for inhibition of tumor growth in a patient comprising:
a pharmaceutical carrier containing a compound to block the protein C
anticoagulation system selected from the group consisting of anti-protein C
antibodies, anti-protein S antibodies, inactivated protein C and C4b binding protein
in combination with a cytokine selected from the group consisting of tumor necrosis
factor and a cytokine eliciting expression of tumor necrosis factor, wherein the
combination is in an effective dosage to cause hemorrhagic necrosis of the tumor
and the dosage of the cytokine in the combination is not effective in the absence of
the protein C blocking compound.
12. A method for inhibition of tumor growth in a patient comprising:
administering to a patient having a tumor a compound specifically blocking protein
C, wherein the compound is not a cytokine, in a dosage blocking the Protein C
anticoagulation system and facilitating hemorrhagic necrosis of microvasculated
solid tumors.
3
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