Appeal No. 2001-1048
Application No. 08/121,105
26. An isolated inhibitor of IL8 receptor 2-binding wherein said inhibitor is an
antibody capable of
(a) competing with IL8 for binding to the IL8 receptor 2; and
(b) interacting with residues of a peptide of the amino-terminal
extracellular domain of the IL8 receptor 2 wherein the peptide
comprises the sequence M-E-S-D-S-F-E-D-F-W-K-G-E-D-l (SEQ ID
NO:2).
The references relied upon by the examiner are:
Murphy 5,374,506 Dec. 20, 1994
Lee et al. (Lee) 5,552,284 Sep. 3, 1996
Geysen 5,595,915 Jan. 21, 1997
LaRosa et al. (LaRosa), “Amino Terminus of the Interleukin-8 Receptor Is a Major
Determinant of Receptor Subtype Specificity,” J. Biol. Chem., Vol. 267, No. 35, pp.
25402-25406 (1992)
GROUND OF REJECTION
Claims 26-29 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Murphy in view of Lee, Geysen and LaRosa.
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 Answer2 for the
examiner’s reasoning in support of the rejection. We further reference appellants’
Brief3 for the appellants’ arguments in favor of patentability.
2 Paper No. 45, mailed October 4, 2000.
3 Paper No. 44, received September 5, 2000.
2
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