Appeal No. 2002-0872 Page 2
Application No. 08/470,849
20. A human TNFR1-IgG1 preparation comprising human TNFR1-IgG1
molecules wherein the TNFR1-IgG1 molecules have a molar ratio of sialic
acid to protein of about 4-7.
The references relied upon by the examiner are:
Beutler et al. (Beutler) 5,447,851 Sep. 5, 1995
Ashkenazi et al. (Ashkenazi), “Protection against endotoxic shock by a tumor necrosis
factor receptor immunoadhesin,” Proc. Natl. Acad. Sci., USA, Vol. 88, pp. 10535-39
(1991)
GROUNDS OF REJECTION
Claims 18-23 stand rejected under 35 U.S.C. § 102(b) as anticipated by
Ashkenazi.
Claims 18-23 stand rejected under 35 U.S.C. § 102(e) as anticipated by Beutler.
We reverse.
DISCUSSION
Ashkenazi:
According to the examiner (Answer, page 41), Ashkenazi teach a recombinant
TNFR1-IgG1 protein produced in human embryonic kidney 293 cells. See also
Ashkenazi, page 10535, column 2, “materials and methods.” The examiner argues
(Answer, bridging paragraph, pages 4-5):
Since neither the prior art nor the specification provide any
evidence that the recombinantly produced human tumor necrosis factor
receptor immunoglobulin chimeric protein in CHO cells possesses any
different properties than any other recombinant tumor necrosis factor
receptor immunoglobulin chimeric protein isolated from HEK293 cells, the
protein of Ashkenazi et al. can reasonably be considered to be same [sic]
absent any evidence to the contrary.
1 The Answer does not contain page numbers. For administrative convenience we refer to pages of the
Answer as if the Answer were numbered consecutively starting with the first page, page number 1.
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