Appeal No. 2005-1511
Application No. 09/879,398
cells selectively cytolytic to recipient’s leukemia cells yet minimally
cytotoxic to his other “normal” cells. When these activated γδ+ T cells are
subsequently transplanted into the leukemia patient (i.e.[,] the original
donor of [the] activating blast cells), they, like their naturally arising
analogs, correlate to lower relapse rates and improved survival [Brief,
para. bridging pp. 4-5].
Discussion
Rejection I
Bell discloses methods of “producing an expanded culture of lymphocytes
containing an enriched fraction of a desired population of lymphocytes.” Bell,
p. 8, lines 25-26. Bell further discloses that “[t]he target lymphocyte population to
be expanded can be selected from any mammalian lymphocyte population,
preferably a primary mammalian lymphocyte population, and more preferably a
primary human lymphocyte population [emphasis added]”. . . for example, from a
patient’s peripheral blood, “bone marrow, lymph or lymph node, or other cells or
tissues of the lymphohematopoietic system [p. 12, lines 23-28].” The cell
populations which “can be expanded and enriched in the starting population
include, for example, stem cells, progenitor cells, precursor cells and fully
differentiated cells (i.e. cells at all stages of differentiation) [sentence bridging
pp. 12-13].”
Bell still further discloses that the target cell population must be cultured in
a conditioned medium (CM) in order to achieve expansion of the target
lymphocytes. Bell, p. 8, line 24- p. 9, line 1. The starting cell population which is
used to produce a conditioned medium (CM) is said to be “preferably selected
from peripheral blood cells, umbilical cord blood cells or bone marrow cells”
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