Appeal No. 2001-0869 Page 4
Application No. 08/453,347
The specification discloses that JE/MCP-1 can be administered to suppress
tumor formation in vivo. See page 2. “The protein can be administered alone or
as an adjuvant to surgery.” Id. Alternatively, “tumor killing cells, such as tumor
infiltrating lymphocytes (TIL cells) are genetically engineered to express the
JE/MCP-1 protein. The engineered cells therefore can be administered to a
vertebrate to provide a synergistic local tumor cell killing.” Id., pages 2-3. See also
pages 13-16.
The specification also discloses that JE/MCP-1 can be administered to
“treat localized complications of malignancy.” See page 2. Finally, JE/MCP-1
can be used for “combatting a parasitic infection in a vertebrate animal by
administering to that vertebrate an effective amount of JE/MCP-1.” Id., page 3.
Discussion
The claims are directed to various methods of treatment comprising
administering cells that express JE/MCP-1. Claims 1 and 3 are directed to a
method of treating cancer (or, as recited in the claims, a “method of suppressing
tumor formation” and a “method of increasing monocyte mediated tumoricidal
activity,” respectively). Claim 4 is directed to a “method of treating a localized
side-effect of malignancy” by “locally administering” cells that express JE/MCP-1.
Claim 6 is directed to a “method of combatting a parasitic infection” by
administering cells that express JE/MCP-1. The rest of the claims are dependent
on one of claims 1, 3, 4, or 6.
The examiner rejected all of the claims as nonenabled, on the basis that
“sufficient guidance as to routes of delivery, delivery vectors, dosage amounts
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