Appeal No. 2005-1511
Application No. 09/879,398
abstract; p. 1565, col. 1, second para. and col. 3, para. 1. Ensslin further
discloses that the cytolytic activity of the enriched γδ T cells (i) was four (4) to
fifteen (15) times greater against tumor cells than αβ Tcells; (ii) was not major
histocompatibility complex (MHC) restricted; and (iii) did not involve the γδ T cell
antigen receptor (TcR). Id., the abstract. Ensslin still further discloses that the
enriched γδ T cells proliferated in response to Ovcar-3 tumor cells. Id., the
abstract; p. 1568, col. 3, first complete para. According to Ensslin, these results
“opens the possibility of generating tumor-specific γδ T cells and expanding
these cells into numbers adequate for adoptive immunotherapy.” Id.
Lamb discloses that it is necessary to use allogeneic (genetically different,
but from the same species) bone marrow transplant (BMT) in patients to produce
a graft-versus-leukemia (GVL) effect in patients. Lamb, p. 503, col. 1, para. 1.
Lamb further discloses that leukemia patients who received “partially HLA-
mismatched grafts from related donors that were T cell depleted with the anti-
TCRαβ monoclonal antibody T10B9.1A-31 and complement” (i.e., T cells that
were enriched for γδ+ T cells by negative selection), “survived for at least 100
days following [bone marrow] transplantation.” Id., the abstract. Moreover, “[t]en
patients (23.2%) were found to have an increased (≥10%) proportion of γδ+ T
cells in the peripheral blood at 60-270 days after BMT. All of these patients
remain alive, and 9 (90% of patients with ≥10% γδ+ cells) are free of disease at
2.5 years compared with a disease-free survival probability of 31% among
patients with a normal proportion and concentration of γδ+ T cells.” Id.
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