Appeal No. 2005-1511
Application No. 09/879,398
(sentence bridging) pp. 13-14. The conditioned medium is preferably produced
by culturing the starting cell population with mitogens which include, inter alia,
“plant lectins such as concanavalin A (ConA) or phytohemagglutinin (PHA), T-cell
mitogens such as mezerein (Mzn) or tetradecanoyl phorbol acetate (TPA) or a
T-cell antibody such as those directed against the CD3 or CD28 antigen” [p. 9;
see also, pp. 14-15]; as well as “Staphylococcal enterotoxin A (SEA),
Steptococcal protein A, galactase oxidase and T cell antibodies such as anti-CD3
antibodies (e.g. OKT3) or anti-CD28 antibodies” [p. 15, lines 14-16]. Bell still
further discloses that the “CM can be selectively modified by removing or adding
specific factors to favor the proliferation of a different target cell population.” Id.,
p. 9, lines 18-19.
Briefly summarized, we find that Bell discloses a method which involves
growing a starting cell population of a donor (which can comprise, for example,
bone marrow or peripheral blood), in the presence of at least two mitogens to
produce a conditioned medium. Claim 1 and Example 1, pp. 17-18. The
conditioned medium is then used to culture the population of
lymphohematopoietic cells to obtain an expanded population of the target
lymphocytes. Id. We find that Bell mentions γδ T cells; but does not teach or
suggest any methods of selectively enriching this subset of T cells from the
aforementioned expanded lymphocyte population as required by the claimed
invention.
Ensslin discloses the enrichment of γδ T cells from peripheal blood
lymphocytes (PBL) using anti-TCRδ1 monoclonal antibody. Ensslin, the
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