Appeal No. 2000-0137 Page 3
Application No.08/646,558
This merits panel relies on the following reference:
Lehninger, “Principles of Biochemistry,” Worth Publishers, Inc., New York, pp.
100-103 (1982)
Claims 32-37, 40-59, and 63 stand rejected under 35 U.S.C. § 112, first
paragraph, as not supported by either an adequate written description or an
enabling disclosure.
Claims 32, 40, and 51 stand rejected under 35 U.S.C. § 102(b) as
anticipated by any one of Nutt, Ali (EP), or Lobl.
Claims 32-36, 40, 42-59, and 63 stand rejected under 35 U.S.C. § 103 as
obvious in view of the disclosures of either Mould I or Mould II, combined with Ali
(Peptides).
Claims 32-36, 40, 42-59, and 63 stand rejected for obviousness-type
double patenting over the claims of Kogan ‘332 and any one of Aumailley, Lobl or
Ali (Peptides).
We vacate the rejections of record and enter a new rejection under
37 CFR § 1.196(b).
Discussion
The claims are directed to cyclic peptides that inhibit the binding of integrin
α4β1 to, e.g., vascular cell adhesion molecule-1 (VCAM-1), pharmaceutical
compositions comprising such peptides, and methods of using the peptides or
compositions. Inhibition of integrin α4β1 binding to VCAM-1 is disclosed to be
useful in treating various diseases, such as atherosclerosis and rheumatoid
arthritis. See the specification, page 2.
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