Appeal No. 2001-0889 Page 3
Application No. 08/459,086
Kawade et al. (Kawade), “The nature of neutralization reaction between effector
protein and monoclonal antibody: a quantitative study of neutralization
characteristics of anti-interferon antibodies,” Immunology, Vol. 56, pp. 489-495
(1985)
Claims 7-12, 18-22, 31, and 32 stand rejected under 35 U.S.C. § 112, first
paragraph, for lack of enablement.
Claims 7-9, 11, 12, 18, 19, 21, 22, 31, and 32 stand rejected under
35 U.S.C. § 102(b) as anticipated by Chow.
Claims 7-9, 11, 12, and 31 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Kawade.
We reverse the enablement rejection, affirm the rejection based on Chow,
and do not reach the rejection based on Kawade.
Background
“Human interferons (IFN’s) are members of a biologically potent family of
cytokines.” Specification, page 1. The specification discloses “synthetic peptides
which represent epitopic sites on both natural and recombinant human IFN-β
(HuIFN-β).” Page 2. “Antibodies raised to or having specific binding affinity for
the peptides . . . can be used to detect and monitor levels of IFN-β in patients
during the course of treatment.” Id.
Discussion
Claims 7-12 and 31 are directed to antibodies having binding affinity for
peptides corresponding to a particular IFN-β peptide, optionally with one of
several substitutions at each of several positions. Claims 18-22 and 32 are
directed to a method of detecting IFN-β using these antibodies. The examiner
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