Appeal No. 2001-0869 Page 3
Application No. 08/453,347
Vieweg et al. (Vieweg), “Considerations for the use of cytokine-secreting tumor
cell preparations for cancer treatment,” Cancer Investigation, Vol. 13, pp. (1995)
Claims 1-16 stand rejected under 35 U.S.C. § 112, first paragraph, as
nonenabled.
We reverse and enter a new ground of rejection under 37 CFR § 1.196(b).
Background
“The JE gene is a platelet-derived growth factor (PDGF)-inducible
‘competence’ or ‘early response gene’ first identified in mouse 3T3 cells. . . .
[T]he murine JE gene encodes a secreted glycoprotein with cytokine-like
properties. The human homolog of murine JE has been cloned, and the
predicted amino acid sequence of its protein is identical to that of a monocyte
chemoattractant, MCP-1.” Specification, page 4 (reference citations omitted).
“The JE/MCP-1 protein is structurally related to the members of a large, recently
identified family of low molecular weight secreted proteins that appear to be
involved in the inflammatory response.” Id., page 5. “Both natural and
recombinant JE/MCP-1 are potent chemoattractants for human monocytes in
vitro.” Id.
“[E]xpression of the JE gene in malignant cells suppresses their ability to
form tumors in vivo. This apparent phenotypic reversion requires interaction with
host factors in vivo, since expression of JE/MCP-1 does not alter the transformed
character of these cells in vitro. Furthermore, . . . JE/MCP-1-expressing cells
exert their effect in trans [as shown] by their ability to suppress tumor formation
when co-injected with JE/MCP-1-non-expressing tumor cells.” Id., page 6.
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