Appeal No. 1999-1433
Application 08/453,852
one of ordinary skill in the art with knowledge of the invention in suit, when no prior art
reference or references of record convey or suggest that knowledge, is to fall victim to
the insidious effect of a hindsight syndrome wherein that which only the inventor taught
is used against its teacher”).
Accordingly, we reverse Rejection IV.
B. The rejection of claims 1, 2, 4 and 14 over Staruch and Bachwich.
The examiner urges that claims 1, 2, 4 and 14 would have been obvious in view
of the teachings of Staruch and Bachwich.
Staruch discloses that interleukin 1 (IL-1), a protein produced by macrophages
which was known to modulate many of a host’s defensive responses to infection, may
also mediate the effects of some adjuvants. Staruch, p. 2191, the abstract and col. 1,
para. 3. Staruch reports that when IL-1 is administered with bovine serum albumin
(BSA) that it acts as an adjuvant to enhance the antibody response of mice to BSA.
Id., p. 2193, e.g., Table V. Staruch states that the observed enhancement of antibody
responses using IL-1 is consistent with “the hypothesis that many agents exert their
adjuvant effects by inducing the release of IL 1 from macrophages.” Id., p. 2193,
col. 2, second complete para.
Bachwich discloses that the administration of TNF stimulates the production of
IL-1 and prostaglandin E2 (PGE) from murine macrophages, in vitro. Bachwich, p. 94,
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