Ex Parte van de Winkel - Page 2




              Appeal No. 2005-1504                                                                                         
              Application No. 09/820,099                                                                                   
                     The references relied upon by the examiner are:                                                       
              Shen et al. (Shen)                  WO 98/23646                  Jun. 4, 1998                                
              Monteiro et al., “Cellular Distribution, Regulation, and Biochemical Nature of An Fc"                        
              Receptor in Humans,” J. Exp. Med, vol. 171, pp. 597-613 (March 1990).                                        
                     Claims 1 and 6-12 stand rejected under 35 U.S.C. § 103(a) as being                                    
              unpatentable over Shen,2 Monteiro and the teachings of the specification.                                    
                                                      Background                                                           
                     Antibodies are part of a class of proteins known as immunoglobulins.                                  
              Immunoglobulins are produced by the immune system in response to antigens; i.e.,                             
              substances which are recognized as foreign by the body.  Consequently, they are one                          
              of the body’s most important defenses against disease.                                                       
                     There are five immunoglobulin isotypes- IgG, IgA, IgD, IgM and IgE.  IgG is the                       
              predominant isotype in human serum, but most of the immunoglobulin-producing cells in                        
              the various mucosal and exocrine sites and along the intestinal tract make IgA                               
              antibodies.   IgA occurs in different molecular forms (monomeric, polymeric and                              
              secretory) and subclasses (IgA1 and IgA2).  Prior to the present invention, secretory IgA                    
              (dimeric IgA) was known to interfere with microbial adherence to epithelial cells in the                     
              intestines by forming a coat around the microorganism.  According to the specification,                      
              “the present invention is based on the discovery that monomeric (serum) IgA plays a                          

                     2 We point out that the author’s last name in the publication which both the                          
              examiner and the appellant refer to as “Shen” is “Li.”  That is, the first author’s name is                  
              Shen Li.  Nevertheless, for purposes of consistency, we have also referred to the                            
              publication as “Shen.”                                                                                       
                                                            2                                                              





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