Appeal No. 2000-0839
Application No. 08/355,502
Claims 1 and 3 are illustrative of the subject matter on appeal and are
reproduced below:
1. A chimeric protein comprising a mature IL -10 bonded to a
polypeptide, said polypeptide comprising the Fc region of IgG, said
Fc region of IgG having a circulating half-life by itself which is greater
than that of IL-10.
3. The chimeric protein of claim 2 wherein said Fc region includes a
mutation which inhibits complement fixation and Fc receptor binding
by said protein, said mutation being a substitution mutation replacing
at least one of the amino acids selected from the group consisting of
Leu 235, Glu 318, Lys 320, and Lys 322 found in the murine CH2
domain.
The references relied upon by the examiner are:
Capon et al. (Capon) 5,116,964 May. 26, 1992
Mosmann et al. (Mosmann) 5,231,012 Jul. 27, 1993
Winter et al. (Winter) WO 88/07089 Mar. 18, 1988
Appellants rely on:
Capon et al. (Capon II), “Designing CD4 immunoadhesins for AIDS therapy,”
Nature, Vol. 337, pp. 525-531 (1989)
GROUNDS OF REJECTION
Claims 1, 2, 4 and 8-10 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Capon in view of Mosmann.
Claim 3 stands rejected under 35 U.S.C. § 103 as being unpatentable over
Capon in view of Mosmann and further in view of Winter.
We reverse.
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