Appeal No. 2006-0148 Page 2
Application No. 09/933,309
intrathymic biopsy renders the host tolerant to the graft itself, either by eliminating or
anergizing immune cells that attack the biopsy in the thymus. . . . The main problem
with this method is that it requires a functioning thymus gland of significant mass in
order to be effective. The human thymus begins to involute before the age of 20 and
becomes severely atrophied by the age of 40.” Specification, pages 2-3.
The specification discloses that “[t]he concurrent administration of human growth
hormone or an HGH releaser and DHEA [dehydroepiandrosterone] . . . surprisingly
reverses thymic involution in older individuals and in others with thymic insufficiency.”
Pages 14-15. “By regenerating the previously atrophied thymus, this coadministration
of HGH and DHEA allows intrathymic transplantation in elderly or involuted individuals
as a route to permanent grafting of tissues and organs without immunosuppression and
without rejection.” Page 15.
Discussion
1. Claims
Claims 16-22 and 32-34 are pending and on appeal. Claim 16 is the only
independent claim and reads as follows:
16. A method for transplanting organs and grafting tissue into a patient
comprising steps of:
restoring immune system function by regenerating the patient’s involuted thymus;
injecting the immunological equivalent of the tissue or organ to be transplanted
into the patient, into the regenerated thymus (or, in the case of bone marrow cells,
peripherally); and
then transplanting said organ or grafting said tissue.
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