Ex Parte ROLLINS et al - Page 2


                   Appeal No. 2001-0869                                                                  Page 2                       
                   Application No. 08/453,347                                                                                         

                           3.              A method of increasing monocyte mediated tumoricidal                                       
                                           activity in a mammal comprising administering to said                                      
                                           mammal a therapeutically effective amount of mammalian                                     
                                           cells that express JE/monocyte chemoattractant protein-1                                   
                                           when present in the mammal.                                                                
                           4.              A method of treating a localized side-effect of malignancy in                              
                                           a mammal comprising locally administering to the mammal a                                  
                                           therapeutically effective amount mammalian cells that have                                 
                                           been genetically engineered to express JE/monocyte                                         
                                           chemoattractant protein-1 when the cells are present in the                                
                                           mammal.                                                                                    
                           5.              The method of Claim 4 wherein the side effect is selected                                  
                                           from the group consisting of pleural effusions or ascites.                                 
                           6.              A method of combatting a parasitic infection in a mammal                                   
                                           comprising administering to the mammal a therapeutically                                   
                                           effective amount of mammalian cells that express                                           
                                           JE/monocyte chemoattractant protein-1 when present in the                                  
                                           mammal.                                                                                    
                           The examiner relies on the following references:1                                                          
                   Marshall, “Gene therapy’s growing pains,” Science, Vol. 269, pp. 1050-1055                                         
                   (1995)                                                                                                             
                   Orkin et al. (Orkin), “Report and recommendations of the panel to assess the NIH                                   
                   investment in research on gene therapy,” NIH Report (1995)                                                         
                   LaFont et al. (LaFont), “Which gene for which restenosis?,” Lancet, Vol. 346, pp.                                  
                   1442-1443 (1995)                                                                                                   
                   Anderson, “Gene therapy,” Scientific American, pp. 124-128 (September 1995)                                        
                   Blau et al. (Blau), “Gene therapy – a novel form of drug delivery,” New England                                    
                   Journal of Medicine, Vol. 333, No. 18, pp. 1204-1207 (1995)                                                        
                   Crystal et al. (Crystal), “Transfer of genes to humans: Early lessons and                                          
                   obstacles to success,” Science, Vol. 270, pp. 404-410 (1995)                                                       
                                                                                                                                      
                   1 In the Answer, the examiner states that “[n]o prior art is relied upon by the examiner in the                    
                   rejection of the claims under appeal.”  Page 2.  In fact, however, the examiner relies on the                      
                   references listed above as supporting her enablement analysis.  See, e.g., page 5 of the                           
                   Examiner’s Answer.                                                                                                 





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