Appeal No. 2001-0690
Application No. 08/309,315
Claims 7, 12 and 22 are illustrative of the subject matter on appeal and
are reproduced below:
7. A process of increasing cell death comprising the steps of:
(a) treating cells with a DNA damaging agent; and
(b) contacting the cells with a protein tyrosine kinase inhibitor.
12. A method for the treatment of neoplastic disease in a patient
comprising the steps of:
(a) administering to the patient a pharmaceutically acceptable
preparation which includes a therapeutically effective amount of
a tyrosine kinase inhibitor; and
(b) treating neoplastic cells with a therapeutically effective amount
of a DNA damaging agent.
22. A method of increasing the effect of ionizing radiation on cell killing,
comprising the steps of:
(a) treating the cells with a therapeutically effective amount of
ionizing radiation; and
(b) contacting the cells with a protein tyrosine kinase inhibitor.
The references relied upon by the examiner are:
Margolis et al. (Margolis) 5,262,409 Nov. 16, 1993
Uckun et al. (Uckun), “Ionizing radiation stimulates unidentified tyrosine-specific
protein kinases in human B-lymphocyte precursors, triggering apoptosis and
clonogenic cell death,” Proc. Natl. Acad. Sci. USA, Vol. 89, pp. 9005-9009 (1992)
Akinaga et al. (Akinaga), “Enhancement of antitumor activity of mitomycin C in
vitro and in vivo by UCN-01, a selective inhibitor of protein kinase C,” Cancer
Chemother. Pharmacol., Vol. 32, pp. 183-189 (1993)
GROUNDS OF REJECTION
Claims 7, 9 and 12-14 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Margolis in view of Akinaga.
Claims 7, 9, 12-14 and 22-24 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Uckun.
We reverse.
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