Appeal No. 2003-1418 Page 3
Application No. 09/056,707
The specification discloses “a method for preventing and treating the
harmful biological effects of secretion of biochemicals from mast cells in the
organs of warm blooded animals and more especially human beings. These
harmful effects include allergy (including but not limited to allergic conjunctivitis,
allergic rhinitis, allergic otitis, asthma, and atopic dermatitis).” Id., page 4. “[T]he
method consists of administering to said animals and especially to human beings
an amount of a proteoglycan with mast cell secretion inhibitory activity, such as
chondroitin sulfate.” Id., pages 4-5. The proteoglycan can also be administered
in combination with “one or more synergistic adjuvants (such as those belonging
to the class of flavonoids . . . ).” Id., page 5.
“Proteoglycans are high molecular weight polyanionic macromolecules
(heteropolysaccharide) consisting of many different glycosaminoglycan chains
linked covalently to a protein core that constitutes up to about 5% of the total
macromolecules. . . . Chondroitin sulfate, like other proteoglycans, is naturally
occurring, and is a natural constituent of connective tissues. It is available over
the counter as a food supplement.” Id., page 4.
Discussion
The claims are directed to a method of treating an atopic allergic disease,
such as allergic asthma or allergic rhinitis, by administering a pharmaceutically
acceptable amount of chondroitin sulfate, either alone or in combination with a
synergistic adjuvant.
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