Appeal No. 2002-1296 Page 6
Application No. 08/957,038
SV-40, was known in the art, stating that this cell line is a "valuable model in the study
of macrophage properties and activities." Id., page 337. The examiner relies upon
Adams for its disclosure that macrophage cell lines are easy to grow and are passaged
without difficulty. Examiner's Answer, page 5. Huber is concerned with the activation of
LnTGF-$1 by human glioblastoma cells and is relied upon for suggesting "the addition
of exogenous forms of latent TGF-$ to cell cultures in order to study latent TGF-$
activation mechanisms." Id., pages 5-6. Flaumenhaft is relied upon for its disclosure
that an understanding of the regulation of TGF activity will allow effective interference
with inappropriate TGF-$ activity. Id., pages 67-68; Examiner's Answer, page 6. The
examiner concludes:
... it would have been obvious to one of ordinary skill in the art at the time
of Applicants' invention to stimulate macrophages with (INF and incubate
them with exogenous LnTGF-$, as taught by Purchio and Twardzik, and
to modify that teaching by substituting IC-21 cells, as taught by ATCC Cell
Lines & Hybridomas, with a reasonable expectation of success. One of
ordinary skill in the art would be motivated to make this modification
because IC-21 cells share many characteristics with normal peritoneal
macrophages and are thus a valuable model in the study of macrophage
passaged without difficulty. They offer the obvious advantage of providing large
numbers of cells with minimal difficulty. One of ordinary skill in the art would be
motivated to study this activation in the presence of a modulator compound in order to
elucidate physiological mechanisms of activation of LnTGF-$ or to understand how the
activation of latent TGF-$ is controlled. The invention is prima facie obvious over the
prior art.
Examiner's Answer, paragraph bridging pages 6 and 7.
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