Appeal No. 2000-0894
Application No. 08/437,884
55. A compound comprising an immunogkobulin molecule bonded to at
least one nitrogen monoxide moiety, wherein the immunoglobulin
molecule delivers a charged nitrogen monoxide species under
physiological conditions.
65. A method of treating or preventing cardiovascular disorders in a
patient comprising administering to the patient the compound of
claim 55.
The examiner relies on the following references:
Hawiger et al. (Hawiger) 4,703,039 Oct. 27, 1987
Means et al. (Means) 4,900,719 Feb. 13, 1990
Loscalzo et al. (Loscalzo) 5,025,001 Jun. 18, 1991
Claims 48-66 stand rejected under 35 U.S.C. § 103 as obvious over
Means, Hawiger, and Loscalzo.
Claim 65 stands rejected under 35 U.S.C. § 112, first paragraph, as
unsupported by an enabling disclosure.
We reverse both rejections.
Background
The specification discloses “S-nitroso-protein compounds and their use
as a means to . . . endow the protein with new smooth muscle relaxant and
platelet inhibitory properties and to provide targeted delivery of nitric oxide to
specific bodily sites.” Page 1. One disclosed “embodiment of the invention
relates to the S-nitroso-immunoglobulin compounds derived from the nitrosylation
of immunoglobulins.” Id., page 19.
S-nitroso-immunoglobulin compounds are disclosed to “exert vasodilatory
and platelet inhibitory effect. Thus, these compounds may be administered as
therapeutic agents, to an animal, to promote vasodilation and platelet inhibition,
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