Ex Parte Skurkovich et al - Page 2


                  Appeal No. 2006-0624                                                           Page 2                    
                  Application No. 10/096,127                                                                               

                  10. A method of treating psoriasis in a patient, said method comprising                                  
                  administering to said patient an effective amount of an antibody to gamma                                
                  interferon wherein said antibody is selected from the group consisting of a                              
                  polyclonal antibody, a monoclonal antibody, a humanized antibody, a synthetic                            
                  antibody, a human antibody, and a biologically active fragment of an antibody,                           
                  wherein said biologically active fragment is a Fab fragment or a F(ab')2 fragment,                       
                  and combinations thereof.                                                                                

                         Claims 10 and 12 stand rejected under 35 U.S.C. § 103(a) as being                                 
                  obvious over the combination of Queen,2 Ashkenazi I3 or Ashkenazi II,4                                   
                  Levinson5 and Enssle,6 or as obvious over the combination of Ashkenazi I or                              
                  Ashkenazi II, Novick,7 Levinson and Enssle.  In addition, claim 22 stand rejected                        
                  under 35 U.S.C. § 103(a) as being obvious over the previous two combinations                             
                  of references as further combined with Tomassi.8  After careful review of the                            
                  record and consideration of the issues before us, we affirm.                                             
                                                    BACKGROUND                                                             
                                Autoimmune disease results when an individual’s immune                                     
                         system attacks his own organs or tissues, producing a clinical                                    
                         condition associated with the destruction of that organ or tissue, as                             
                         exemplified by diseases such as rheumatoid arthritis, insulin-                                    
                         dependent diabetes mellitus, acquired immunodeficiency syndrome                                   
                         (“AIDS”), hemolytic anemias, rheumatic fever, Crohn’s disease,                                    
                         Gullain-Barré syndrome, psoriasis, thyroiditis, Graves’ disease,                                  
                         myasthenia gravis, glomerulonephritis, autoimmune hepatitis,                                      
                         multiple sclerosis, systemic lupus erythematosus, etc.  Blocking,                                 
                         neutralizing or inhibiting the immune response or removing its                                    
                         cause in these cases is, therefore, desirable.                                                    

                                                                                                                           
                  2 Queen et al. (Queen), U.S. Pat. No. 6,180,370, issued January 30, 2001.                                
                  3 Ashkenazi et al. (Ashkenazi I), U.S. Pat. No. 6,558,661 B1, issued May 6, 2003.                        
                  4 Ashkenazi et al. (Ashkenazi II), WO 94/14467, published July 7, 1994.                                  
                  5 Levinson, U.S. Pat. No. 5,721,351, issued February 24, 1998.                                           
                  6 Enssle et al. (Enssle), U.S. Pat. No. 6,210,661 B1, issued April 3, 2001.                              
                  7 Novick et al. (Novick), EP 0416652 A2, published March 13, 1991.                                       
                  8 Tomassi et al., (Tomassi), WO 86/04145, published Juky 17, 1986.                                       





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