Appeal No. 2006-2644 Page 3
Application No. 10/047,945
the mixture of saliva and LT-10, in comparison to the mixture of saliva and
water. This shows that the binding of LT-10 to IgE in saliva in mouth.
Page 8, lines 11-23. “LT-10 treatment lowers the IgE level.” Page 9, line 11.
The specification also describes an experiment in which co-inventor Binie Lipps
self-administered LT-10 (2 mg per day) alone or in combination with Glucotrol® (a
diabetes treatment) and monitored levels of various proteins. See page 13. IgE levels
are shown in Table 4 (page 15).2
Discussion
1. Claim construction
Claims 9-18 are on appeal. Claims 1-8 are also pending but have been
withdrawn from consideration by the examiner. The claims have not been argued
separately and therefore stand or fall together. Claim 9 is representative and reads as
follows:
9. A method for reducing free serum IgE in a human, comprising
administering to said human an effective amount of a peptide comprising at least
the first four amino acids from the N-terminal of SEQ.ID. NO:2 to reduce serum level of
free IgE in said human.
SEQ ID NO:2 is a peptide having the sequence Leu-Lys-Ala-Met-Asp-Pro-Thr-
Pro-Pro-Leu-Trp-Ile-Lys-Thr-Glu. Specification, page 5, lines 20-21. It corresponds to
the fifteen amino acids at the N-terminus of LTNF. Id., lines 13-21. Thus, claim 9 is
directed to a method of reducing the level of IgE in the serum of a human patient by
2 Figure 1 also purports to show IgE levels measured in certain experiments. We do not credit the data
shown in the figure, however, because the specification provides no explanation of what the figure shows
or how the data were derived. The figure does not show the same data as Table 4: Table 4 shows seven
different measurements for each experiment while the figure shows only a single value for each
experiment. In addition, the numbers shown in the y-axis of the figure do not correspond to any of the
values shown in Table 4. Since the specification provides no meaningful explanation of what the figure
represents, the figure does not contribute to the sufficiency of the specification’s disclosure.
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007