Appeal No. 2000-1783 Page 3
Application No. 08/817,719
mediation of cell adhesion, regulation of IgE and histamine release, rescue of B cells
from apoptosis and regulation of myeloid cell growth.@ Specification, page 1. A[Its]
functional activities are mediated through the binding to specific ligands of cell-
associated CD23, or sCD23 [(soluble CD23)], the latter acting in a cytokine-like
manner.@ Id. Ligands of CD23 include CD21 (CD23-CD21 interactions are believed to
play a role in IgE production), and the β-integrins (cell adhesion molecules) CD11b and
CD11c. Id., page 2. According to appellant, CD23 binding agents that block the
interaction between CD23 and its ligands Awork in vivo in treatment or prophylaxis of . . .
autoimmune diseases.@ Id., page 4.
DISCUSSION
Enablement
In its broadest aspect, the present invention is directed to treating autoimmune
disorders by administering an agent that binds CD23 and blocks its interaction with a
ligand it normally binds in vivo (e.g., claim 14).
The examiner notes two principal concerns in concluding that A[t]he specification
does not enable any person skilled in the art . . . to make and use the invention
commensurate in scope with [the] claims.@ Answer, page 4. First, the examiner argues
that A[t]he specification discloses the treatment of rheumatoid arthritis in mice but does
not disclose the treatment of any other autoimmune disease@ (Id.), thus A[a]ppellant has
not established in vivo therapeutic efficacy . . . [for] the numerous autoimmune diseases
encompassed by the claims@ (Id., page 5), even though A[t]he therapy of autoimmune
diseases . . . is highly experimental and unpredictable@ (Id., page 4). Second, the
examiner argues that Athe claims encompass an enormous number of potential CD23
binding agents,@ but A[t]he specification does not disclose the administration of a binding
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007