Appeal No. 2005-1511
Application No. 09/879,398
The examiner argues that it would have been obvious to one of ordinary
skill in the art to enrich γδ+ T cells by negative selection as taught Lamb and
Coligan,
. . . then activate the isolated gamma delta T cells in vitro by treating said
cells with a media consisting essentially of leukemia cells extracted from
the patient that have been irradiated ex vivo and IL-2 as taught by
Falkenburg [] to render them cytolytic only to the patient’s leukemia cells
instead of other tumor cells and/or in combination with anti-T cell receptor
(TCR) pan-δ antibody as taught by Ensslin et al to render γδ+ T cells
cytolytic only to the patient’s leukemia cells but minimally cytotoxic to other
cells as taught by Ensslin et al and Falkenburg et al and then
administering activated donor gamma delta + T cells to leukemia patient
with ALL as taught by [Bell], Falkenburg, Lamb et al and Ensslin et al. It
would have been obvious to one of ordin[ar]y skill in the cancer art at the
time the invention was made to substitute the [] human tumor cell lines as
taught by Ensslin or any tumor cells as taught by [Bell] for the patient’s
leukemia cells as taught by Falkenburg for a method of activating gamma
delta T cells that [are] specific for the patient’s leukemia cells as taught by
Falkenburg and Ensslin et al because Ensslin et al teach “the ability of γδ+
T cells to proliferate in response to class I MHC expressed Ovcar-3 tumor
cells opens the possibility of generating tumor-specific γδ+ T cells and
expanding these cells into numbers adequate for adoptive
immunotherapy. . . . From the combined teachings of the references, it is
apparent that one of ordinary skill in the art would have a reasonable
[expectation] of success in producing the claimed invention [Answer,
pp. 6-7].
The examiner further argues that one of ordinary skill in the art would have
been motivated to apply the teachings Lamb, Ensslin, Falkenburg and Coligan
“to the teachings of [Bell] because in leukemia patients who survived following
transplantation using partially HLA-mismatched grafts from related donors that
were T cell depleted with the anti-TCRαβ monoclonal [antibody] and complement
have an increase in frequency of γδ+ T cells.” Answer, p. 7.
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