Appeal No. 2001-0893
Application No. 08/968,905
Claim 16 is illustrative of the subject matter on appeal and is reproduced
below:
16. A method for conferring protection against septic shock in a patient,
said method comprising administering to said patient a therapeutic amount of a
composition comprising a chimeric protein comprising IL -10 bonded to a Fc portion
of an IgG molecule.
The references relied upon by the examiner are:
Capon et al. (Capon) 5,116,964 May. 26, 1992
Gerad et al. (Gerad) “Interleukin 10 Reduces the Release of Tumor Necrosis Factor
and Prevents Lethality in Experimental Endotoxemia,” J. Exp. Med
Vol. 177 pp. 547-550 (1993)
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 16, 18 and 34-37 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Gerard in view of Capon.
We reverse.
DISCUSSION
In reaching our decision in this appeal, we considered appellants’
specification and claims, in addition to the respective positions articulated by the
appellants and the examiner. We make reference to the examiner’s Answer3 for the
examiner’s reasoning in support of the rejections. We further reference
3 Paper No. 29, mailed June 8, 1999.
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