Appeal No. 2001-2411
Application No. 08/879,422
but not interfere with the cytotoxic activity of the cells, said modified
cells characterized by irreversibly arrested cell proliferation and
non-MHC restricted cytotoxic activity, in the absence of an
immunosuppressive agent.
The examiner does not rely on any references.
Claims 1, 3, and 5-14 stand rejected under 35 U.S.C. § 112, second
paragraph, as indefinite.
Claims 1, 3, and 5-14 also stand rejected under 35 U.S.C. § 112, first
paragraph, as lacking an adequate written description and an enabling disclosure
in the specification.
We reverse all three rejections.
Background
The specification discloses that “[a]doptive transfer therapy for the
treatment of cancer has been described. One such method makes use of a
lethally irradiated human T cell line (TALL-104). . . . To date, the use of this
TALL-104 cell line in such adoptive transfer has been described as requiring an
immunosuppressed patient.” Pages 1-2. The specification cites several
publications as describing the use of TALL-104 cells to treat cancer in both
immunodeficient animal models and immunocompetent animals having
spontaneously arising cancers; in the latter experiments, the immunosuppressive
agent cyclosporin A was administered to avoid rejection of the allogeneic
TALL-104 cells. See page 2. The specification discloses “a method of treating
cancer, and particularly, for preventing recurrence of cancer. This method
involves the step of administering an effective amount of modified TALL-104 cells
2
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