Appeal No. 1999-2330
Application No. 08/219,200
Claim 79 is illustrative of the claims on appeal and reads as follows:
79. A method for inhibiting T cell proliferation comprising contacting CD28
positive T cells with a soluble B7 fusion protein so as to bind CD28 on the CD28
positive T cells with the soluble B7 protein and thereby inhibiting T cell proliferation.
The references relied upon by the examiner are:
Kahan, “Immunosuppressive therapy,” Current Opinion in Immunology, Vol. 4, pp.553-
560 (1992)
Yi-qun et al. (Yi-qun), “Differential requirements for co-stimulatory signals from B7
family members by resting versus recently activated memory T cells towards soluble
recall antigens,” International Immunology, Vol. 8, No. 1, pp. 37-44 (1996)
Perrin et al. (Perrin), “Opposing effects of CTLA4-Ig and Anti-CD80 (B7-1) plus Anti-
CD86 (B7-2) on experimental allergic encephalomyelitis,” Journal of Neuroimmunology,
Vol. 65, pp. 31-39 (1996)
Blazar et al. (Blazar), “Infusion of Anti-B7.1 (CD80) and Anti-B7.2 (CD86) monoclonal
antibodies inhibits murine graft-versus-host disease lethality in part via direct effects on
CD4+ and CD8+ T cells,” Journal of Immunology, Vol. 157, pp. 3250-3259 (1996)
The references relied upon by the appellants are:
Freeman et al. (Freeman), “B7, A new member of the Ig superfamily with unique
expression on activated and neoplastic B cells,” Journal of Immunology, Vol. 143,
No. 8, pp. 2714-2722 (1989)
Lenschow, et al. (Lenschow), “Long-term survival of xenogeneic pancreatic islet grafts
induced by CTLA4lg,” Science, Vol. 257, pp. 789-792 (1992)
Background
The claimed invention relates to a method for inhibiting T cell proliferation
comprising contacting CD28 positive T cells with a soluble B7 fusion protein so as to
bind CD28 on the CD28 positive T cells with the soluble B7 protein and thereby
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