Appeal No. 2007-0187 Page 2
Application No. 10/121,148
The references relied upon by the Examiner are:
Waldmann et al. (Waldmann) WO 00/28000 May 18, 2000
Paglia et al. (Paglia), “Immortalized Dendritic Cell Line Fully Competent in
Antigen Presentation Initiates Primary T Cell Responses In Vivo,” J. Exp. Med.,
Vol. 178, pp. 1893-1901 (1993)
Lespagnard et al. (Lespagnard), “Dendritic Cells Fused with Mastocytoma Cells
Elicit Therapeutic Antitumor immunity,” Int. J. Cancer, Vol. 76, pp. 250-258
(1998)
GROUNDS OF REJECTION
Claims 15-20 and 26 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Lespagnard.
Claim 27 stands rejected under 35 U.S.C. § 102(b) as anticipated by
Lespagnard as evidenced by London.
Claims 15-28 stand rejected under 35 U.S.C. § 103 as being unpatentable
over the combination of Waldmann and Paglia.
We reverse.
DISCUSSION
Claim 15 is drawn to an immortalized dendritic cell line. According to
paragraph 26 of Appellants’ specification,
[a]s used herein, the term [dendritic cell] refers to any member of a
diverse population of morphologically similar cell types found in
lympohoid or non-lymphoid tissues. . . . Dendritic cells may be
recognized by function, by phenotype and/or by gene expression
pattern, particularly by cell surface phenotype. These cells are
characterized by their distinctive morphology, high levels of surface
MHC-class II expression and ability to present antigen to CD4+
and/or CD8+ T cells, particularly to naïve T cells. . . .
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