Appeal No. 1999-1433
Application 08/453,852
VII. Claims 3, 6 and 7 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Staruch, Bachwich and Riggs.
VIII. Claim 11 stands rejected under 35 U.S.C. § 103 as being unpatentable over
Kato and Beutler or Kornbluth, in further view of Cohen.
IX. Claim 11 stands rejected under 35 U.S.C. § 103 as being unpatentable over
Staruch, Bachwich and Cohen.
We affirm Rejection I and reverse Rejections II-IX.
Background
Tumor necrosis factors (TNF-" and TNF-$) are cytokines1 which are produced
by monocytes and lymphocytes. Specification, p. 4. According to the specification,
prior to the present invention, TNF-" and TNF-$ had been shown to kill neoplastic
tissue selectively, in vitro and in vivo, but their true in vivo function was still unclear. Id.
Biologic studies were said to strongly suggest that TNFs played an important role in the
immunomodulatory and inflammatory responses. Id.
As indicated by the claims, the present invention is directed to a method of
enhancing an immune response in an animal to a non-tumor substance by
administering said substance and an adjuvant-effective amount of TNF-".
1 Cytokines are hormone-like peptides or glycopeptides which act as a signal or
mediator between cells.
4
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