Ex Parte van de Winkel - Page 3




              Appeal No. 2005-1504                                                                                         
              Application No. 09/820,099                                                                                   
              previously unknown important role in systemic immunity by virtue of its interaction with                     
              Fc"R [IgA Fc receptor] expressed on Kupffer cells and other Fc"R-expressing cells                            
              (e.g., neutrophils) present at the interface of the mucosal and systemic immune systems                      
              (e.g., the sinusoidal lining of the liver).”  Specification, p. 2, lines                                     
              20-24.                                                                                                       
                     With respect to the Fc"R, the specification discloses that “[a] single class of IgA                   
              receptor, Fc"RI or CD89, which binds to monomeric IgA” had “been identified and                              
              characterized” by prior investigators.  Id., p. 1, lines 6-7.  It was also known in the art                  
              that (I) “Fc"RI is constitutively expressed primarily of cytotoxic immune effector cells                     
              including monocytes, macrophages, neutrophils, and eosinophils” and that they are                            
              “capable of promoting effector cell function” (id., lines 8-10 and 28-29); (ii) “[b]inding of                
              ligand to Fc"R triggers phagocytosis and antibody mediated cell cytotoxicity in                              
              leukocytes and Fc"R-bearing cell lines” (lines 29-30); (iii) “Fc"RI binds both antigen-                      
              complexed and monomeric (serum) IgAI and IgA2”; and (iv) “[c]ross-linking Fc"RI on                           
              myeloid effector cells, by polymeric IgA, IgA immune complexes, or mAb specific for                          
              epitopes within or outside the ligand binding domain, stimulates degranulation,                              
              superoxide release, secretion of inflammatory cytokines, endocytosis and phagocytosis”                       
              (line 35 - p. 2, line 4).                                                                                    






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