Appeal No. 2001-0992 Page 2
Application No. 08/527,880
Warrell, Jr., et al. (Warrell I) 4,529,593 Jul. 16, 1985
Hart et al. (Hart), “Antitumor Activity and Toxicity of Salts of Inorganic Group IIIa
Metals: Aluminum, Gallium, Indium, and Thallium,” Proc. Natl. Acad. Sci. USA,
Vol. 68, No. 7, pp. 1623-26 (1971)
Warrell, Jr., et al. (Warrell II), “Treatment of Patients with Advanced Malignant
Lymphoma Using Gallium Nitrate Administered as a Seven-Day Continuous
Infusion,” Cancer, Vol. 51, pp. 1982-87 (1983)
Warrell, Jr., et al. (Warrell III), “Salvage chemotherapy of advanced lymphoma
with investigational drugs: Mitoguazone, gallium nitrate, and etoposide,” Biol.
Abstr., Vol. 83, No. 7, Abstr. No. 67262 (1987)
GROUND OF REJECTION
Claims 1-5 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Hart in view of Warrell I, Warrell II, and Warrell III.
DISCUSSION
According to the examiner (Answer, page 3), Hart “teach the claim
designated Gallium salts as old and well known for anti-tumor therapy,” but does
not specifically teach the treatment of non-Hodgkin’s lymphoma. To make up for
this deficiency, the examiner relies on Warrell I, II and III. According to the
examiner (id.) Warrell I, II and III “teach non-Hodgkin’s lymphoma therapy with
Gallium nitrate and various other therapeutic compounds,” at appellants’ recited
dosage (see e.g., appellants’ claim 4, which requires that the gallium salt be
administered parenterally in an amount ranging from 100-400 mg/sq m/day).
Based on this evidence, the examiner concludes (Answer, page 5),
“[a]bsent an art recognized distinction between the claimed condition and that
condition residing in the [e]xaminer cited prior art, the skilled artisan would have
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007