Ex Parte Barbera-Guillem - Page 3


            Appeal No. 2006-2466                                                         Page 3              
            Application No. 09/835,759                                                                       

            inhibiting the proliferation of B cells; inhibiting the differentiation of B cells to plasma     
            cells; causing a B cell dysfunction which results in an immunotherapeutic benefit;               
            inhibiting secretion of cytokines or other tumor-promoting soluble factor(s) by activated        
            B cells; [and] reduction in the number of B cells. . . .” Id.,  page 8.  As an example, the      
            specification states that “anti-CD22 mAb [monoclonal antibody] . . . may selectively bind        
            to mature and/or memory B cells . . . and facilitate or result in B cell depletion.” Id.,        
            page 9.  The specification also states that the affinity ligand may be coupled to an anti-B      
            cell agent, such as ricin A chain.  Id., pages 9-10.                                             
                                                 Discussion                                                  
            1.  Claim construction                                                                           
                   Claims 1-5, 7-12, 69-73, 77, 78, 80-86, 90, 92-96, 100, 102-108, 112, 114, and            
            115 are pending and on appeal.  Appellant has not separately argued any of the claims.           
            Therefore, the claims stand or fall together.  We will focus on claims 1 and 69, which are       
            representative and read as follows:                                                              
                   1. A composition for treating a TH2 response and for inducing a cell                      
                   mediated immune response comprising a TH1 response in an individual                       
                   having a TH2/TH1 imbalance associated with a pro-tumor immune                             
                   response, the composition comprising: an immunotherapeutic composition                    
                   for effecting B cell depletion; and tumor-associated antigen capable of                   
                   inducing a cell mediated immune response comprising a TH1 response.                       
                   69. A composition comprising:                                                             
                         (a) an immunotherapeutic composition comprising a monoclonal                        
                   antibody having binding specificity for CD22 for effecting B cell depletion;              
                   and                                                                                       
                         (b) tumor-associated antigen capable of inducing a cell mediated                    
                   immune response comprising a TH1 response;                                                
                         wherein the composition is in an amount effective for suppressing a                 
                   TH2 response, and for inducing a cell mediated immune response                            





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