Appeal No. 1999-1433
Application 08/453,852
Bachwich et al. (Bachwich), “Tumor Necrosis Factor Stimulates Interleukin-1 and
Prostaglandin E2 Production In Resting Macrophages,” Biochemical and Biophysical
Research Communications, Vol. 136, pp. 94-101 (1986).
Kornbluth et al. (Kornbluth), “Tumor Necrosis Factor Production by Human Monocytes
is a Regulated event: Induction of TNF-"-Mediated Cellular Cytotoxicity by Endotoxin”,
J. Immunology, Vol. 137, pp. 2585-2591 (1986).
The claims stand rejected as follows:
I. Claims 1, 2, 4, 5 and 14 stand rejected under the judicially-created doctrine of
obviousness-type double patenting as being unpatentable over claims 1-5 and 8 of U.S.
Patent No. 4,963,354.
II. Claims 5 and 6 stand rejected under 35 U.S.C. § 112, first paragraph, as
“containing subject matter which was not described in the specification in such a way as
to reasonably convey to one skilled in the relevant art that the inventor(s), at the time
the application was filed, had possession of the claimed invention.” Answer, pp. 4-5.
III. Claims 1 and 5 stand rejected under 35 U.S.C. § 112, first paragraph, as being
based on a non-enabling disclosure.
IV. Claims 1, 2, 4, and 14 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Kato and Beutler or Kornbluth.
V. Claims 1, 2, 4, and 14 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Staruch and Bachwich.
VI. Claims 3, 6 and 7 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Kato and Beutler or Kornbluth, in further view of Riggs.
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