Appeal No. 1997-4275
Application No. 08/253,217
wherein the mice are treated with the antibody to TNF at 6 and 3 hours prior to
administration of LPS, at the time of administration of LPS and 3 and 6 hours after the
administration of LPS. The results are summarized in Fig. 4. In describing the observed
results Beutler states (page 871, column 1):
The time at which the antiserum was administered relative to
the time of LPS administration was found to be of crucial
importance in producing a protective effect. Mice that were
injected with immune serum 3 or 6 hours prior to
administration of LPS fared better than those passively
immunized at the time of LPS injection or several hours after
(Fig. 4). (Emphasis added).
The examiner interprets the stated conclusion reached by Beutler that “The potential
utility of passive immunization with antisera to cachectin/TNF in animals with shock
induced by septicemia. . . needs further exploration” as establishing that the “obvious
corollary is the possibility that agents which affect the synthesis or binding of
cachectin/TNF to its receptor might be of utility in this setting without compromising the
host’s immune system.” (Answer, page 12).
We would agree with the examiner’s findings that Beutler describes results which
reasonably suggest that passive immunization with antisera to cachectin/TNF protects
against the effect of LPS which may result in death. However, we do not agree that this
teaching describes or suggests a treatment in human patients which are exhibiting the
clinical symptoms of sepsis. The data representative of the
5
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007