Appeal No. 2004-1736 Page 3
Application No. 09/243,008
consisting of the intracellular portion of T cell/Fc receptor zeta, eta,
or gamma chains joined to the extracellular portion of a suitably
engineered antibody molecule allows the target recognition
potential of an immune system cell to be specifically redirected to
the antigen recognized by the extracellular antibody portion
.
Page 10, lines 1-14.
The specification discloses further
Thus, because the intracellular domains of the chimeric receptors
mediate the proliferative responses of the cells, the coordination of
the extracellular domains by a variety of aggregating stimuli specific
for the extracellular domains (e.g., an antibody specific for the
extracellular domain) will result in proliferation of the cells bearing
the chimeras.
Id. at page 11, lines 26-32.
The inventors envision that cells expressing the chimeric receptors would
be useful in treatment of conditions such as HIV. Thus, the specification teaches
“[s]pecifically the invention provides for a method of directing cellular response to
an HIV-infected cell. The method comprises administering to a patient an
effective amount of cytotoxic T lymphocytes, said lymphocytes being capable of
specifically recognizing and lysing cells infected with HIV as well as circulating
virus.” Id. at 13, pages 19-24.
DISCUSSION
Claims 44-47, 51-52, 72-75, 79, 100 and 101 stand rejected under 35
U.S.C. § 112, first paragraph, as containing subject matter that was not
described in the specification in such a way as to reasonably convey to one
skilled in the art that the inventor(s), at the time the application was filed, had
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