Appeal No. 2003-1678 Page 2
Application No. 08/722,659
Zimmermann et al. (Zimmermann) 5,997,863 Dec. 7, 1999
Claims 1 through 7, 18, and 19 stand rejected under 35 U.S.C. § 102(e) or
§ 102(f) as anticipated by Zimmermann. We affirm the rejection premised upon
35 U.S.C. § 102(e). Since that constitutes a disposition of the appeal, we need not
reach the merits of the alternative rejection under 35 U.S.C. § 102(f).
Background
The invention set forth in the written description of this application is directed to
the use of heparinase enzyme to reduce localized inflammatory responses.
Specification, page 1. Heparinase acts to degrade heparin and heparan sulfate
moieties on the surface of endothelial cells and from basement membranes. Id., page
8. The release of heparin and heparan sulfate moieties in this manner also serves to
release chemokines which are bound to the heparin and heparan sulfate. As
explained:
The removal of heparin and heparan sulfate from endothelial cells
interferes with L-selectin interactions with endothelium, preventing
increased leukocyte rolling. The removal of glycosaminoglycans from
endothelial cells and basement membranes also removes
glycosaminoglycan bound chemokines, which are critical for leukocyte
recruitment. Loss of endothelial cells bound chemokines decreases
activation of leukocyte integrins and inhibits firm adhesion by the
leukocytes. It also inhibits extravasation of leukocytes, because the
leukocytes require the presence of a bound gradient of chemokine for
transmigration. It is believed, without being limited, that unbound
chemoattractants are depleted from the endothelium layer by blood flow,
preventing formation of a significant soluble chemoattractant gradient.
Generally, after a one hour heparinase treatment, 50% of the
digested cell surface and basement membrane heparin and heparan
sulfate are replaced within 2 to 4 hours, and it is completely replaced
within 12 to 16 hours. Longer treatment times (3 and 5 hours) greatly
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