Appeal No. 2002-0455 2
Application No. 09/123,620
wherein n is 2-5, m is 0 or 1, R is NH2, NHOH, OC1-3alkyl, or O-phenyl, R’ is O,
NH or NOH, R” is H or OH, or a pharmaceutically-acceptable acid addition salt or
acylated phenol derivative thereof.
The examiner relies on the following reference:
van’t Riet et al. (van’t Riet) 4,623,659 Nov. 18, 1986
Claims 2-11 and 14 stand rejected under 35 U.S.C. § 103 as obvious in
view of van’t Riet and “appellant’s admission.”
We reverse.
Background
The specification discloses that nuclear factor kappa B (NF-κB) is a
transcription factor that “appears to play an important role in the etiology and
progress of inflammatory disease, both chronic and acute.” Page 1. “NF-κB is
rapidly activated by a wide variety of stimuli including cytokines, protein kinase C
activators, viruses, ultraviolet radiation, immune stimuli and agents inducing
oxidative stress.” Id. “Antioxidants have been shown to inhibit the oxidative
stress activation of NF-κB.” Id., page 2. The specification also discloses that
“the inhibition of NF-κB may enhance the anticancer activity of a number of
chemotherapeutic agents that cause cell damage leading to cell suicide via the
apoptotic process.” Page 4.
The specification discloses that certain free-radical scavenging
compounds, which were known in the art, inhibit NF-κB activity. See, e.g., page
6. Thus, for example, the compounds “may be administered in saline to
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