Interference No. 103,854
preclude their use for drugs of low hydrophobicity.
In addition, we point out that Wallach’s claimed multimer comprises two or more
monomers wherein each monomer consists of a soluble form of TNF-R, or a salt thereof.
See claims 1 and 7. It is well established that the use of the term “comprises” in a claim,
opens the claim to the inclusion of additional components. Moleculon Research Corp. v.
CBS, Inc., 793 F.2d 1261, 1271, 229 USPQ 805, 812 (Fed. Cir. 1986), cert. denied, 479 U.S.
1030 (1987); In re Baxter, 656 F.2d 679, 686, 210 USPQ 795, 803 (CCPA 1981). Here, we
find that claim 7 is open to the inclusion of the hydrophobic transmembrane and intracellular
regions, or fragments thereof, of the TNF-R. Therefore, it is reasonable to conclude that the
multimers encompassed by claim 7 could be readily anchored to the surface of a liposome
as taught by Utsumi. Utsumi, p. 3365, col. 2, lines 3-7. Accordingly, contrary to Wallach’s
argument, we find that one of ordinary skill in the art would have had a reasonable
expectation that the multimers described in Smith claim 39 and Wallach claim 1,
corresponding to the count, could be successfully incorporated into a liposome formulation.
Accordingly, the motion is DENIED.
17
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: November 3, 2007