Appeal No. 2001-2168
Application No. 09/083,307
Chen et al., “Soluble TNF-alpha receptors are
constitutively shed and downregulate adhesion molecule
expression in malignant gliomas.” Journal of Neuropathology
and Experimental Neurology, vol. 56, no. 5 (May 1997)
pp.541-550
The appealed claims stand rejected under § 103 as
follows:
1. Claims 1-4, 8, 9, 16, 18-20 and 22 as unpatentable
over Lentz;
2. Claim 21 as unpatentable over Lentz in view of
Okarma;
3. Claim 7 as unpatentable over Lentz in view of Chen;
and
4. Claims 5, 6, 10-15, 17 and 23 as unpatentable over
Lentz in view of Wolpe.
Reference is made to the examiner’s answer for details
of the foregoing rejections.
With regard to the first rejection listed above (i.e.,
the rejection based on Lentz alone), we note that claims 1-
4, 9 and 18-20 have been grouped together by appellant for
determining the issue of patentability (see page 4 of the
main brief). This group of claims has been identified as
group 12 on page 11 of the main brief. Under these
circumstances, we are authorized under 37 CFR
2 On page 4 of the main brief, roman numerals are used to
3
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