Ex Parte Kozlov et al - Page 3




             Appeal No. 2005-0548                                                                              
             Application No. 09/839,164                                                                        
                   We have carefully considered the respective position of the appellants and the              
             examiner and find ourselves in substantial agreement with that of the examiner.                   
             Accordingly, we affirm Rejections I, II and III.                                                  


                                                 Background                                                    
                   The specification points out that                                                           
                          Most end-stage cells in renewing systems are short-lived and must be                 
                   replaced continuously throughout life.  For example, blood cells originate from a           
                   self-renewing population of multipotent hematopoietic stem cells (HSC).                     
                   Because the hematopoietic stem cells are necessary for the development of all of            
                   the mature cells of the hematopoietic and immune systems, their survival is                 
                   essential in order to reestablish a fully functional host defense system in subjects        
                   treated with chemotherapy or other agents [Specification, p. 1, para. 3].                   
                   The present invention is said to be directed to compositions which inhibit stem             
             cell proliferation.  Specification, p. 2, para. 2.  The compositions, which include the           
             alpha chain and the beta chain of hemoglobin, are said to be useful for                           
                   regulating stem cell cycle in the treatment of humans or animals having                     
                   autoimmune diseases, aging, cancer, myelodysplasia, preleukemia, leukemia,                  
                   psoriasis or other diseases involving hyperproliferative conditions.  The present           
                   invention also relates to a method of treatment for humans or animals                       
                   anticipating or having undergone exposure to chemotherapeutic agents, other                 
                   agents which damage cycling stem cells or radiation exposure.  Finally, the                 
                   present invention relates to the improvement of stem cell maintenance or                    
                   expansion cultures for auto and allo-transplantation procedures or for gene                 
                   transfer  [Specification, p. 1, para. 2].                                                   






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