Appeal No. 1999-1330
Application No. 08/527,373
claim 1, as encompassing a method of treating a tumor in nude mice, including the
nude mouse used by both Wills and Liu.
The examiner relies on Wills as disclosing (Answer, page 5):
inhibition of tumor proliferation and tumorigenicity following a
single injection of recombinant adenoviral vectors encoding
wild-type p53 protein into carcinoma cell lines grown . . .
into established tumor in vivo in a nude mouse. . . .
Additionally, at page 1086, column 2, Wills et al[.] suggests
that the ability to express wild-type p53 in cancer cells may
increase the tumor cells susceptibility to radiation therapy or
chemotherapy.
The examiner relies on Liu as teaching (Answer, page 6):
the growth suppression of squamous cell carcinoma of
human head and neck cancer (SCCHN) established in vivo
in nude mice following the administration of adenoviral
vectors encoding wild-type p53.
The examiner relies on Nabeya as having determined that the level of wild-type
p53 expression was increased in gastric cancer cells following treatment with
chemotherapeutic agents and for the conclusion that “the increased level of p53 protein
by the cancer cells renders these cells more susceptible to chemotherapeutic agents.”
(Id.)
The examiner concludes that (Answer, page 7):
it would have been obvious to one of ordinary skill in the art
to combine the teachings of Wills et al., Liu et al., and
Nabeya et al. in order to treat tumor burden in vivo via the
administration of adenoviral vectors encoding p53 in
combination with radiation therapy with a reasonable
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