Appeal No. 1997-4275
Application No. 08/253,217
The references relied upon by the examiner are:
Ziegler et al. (Ziegler), “Treatment of Gram-Negative Bacteremia and Shock with Human
Antiserum to a Mutant Escherichia Coli,” The New England Journal of Medicine, Vol. 307,
No. 20, pp. 1225-1230 (1982)
Beutler et al. (Beutler), “Passive Immunization Against Cachectin/Tumor Necrosis Factor
Protects Mice from Lethal Effect of Endotoxin,” Science, Vol. 229, pp. 869-871 (1985)
Ground of Rejection
Claims 1 - 9 and 13 - 16 stand rejected under 35 U.S.C. § 103(a). As evidence of
obviousness, the examiner relies on Ziegler and Beutler.
We reverse.
Discussion
In reaching our decision in this appeal, we have given careful consideration to the
appellants' specification and claims and to the respective positions articulated by the
appellants and the examiner. We make reference to the Examiner's Answer of March 14,
1997 (Paper No. 46) for the examiner's reasoning in support of the rejection and to the
1
appellants' Brief on Appeal, filed December 11, 1996 (Paper No. 44), and Reply Brief,
filed May 14, 1997 (Paper No. 47) for the appellants' arguments thereagainst.
Background
Applicants describe the claimed invention at page 1 of the Specification as
providing a composition comprising an antibody to tumor necrosis factor alpha (TNF-")
1We note that the "Contents" portion of the file wrapper for this application
incorrectly indicates that the Appeal Brief was filed December 11, 1997.
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