Ex Parte Waller et al - Page 2

                Appeal 2007-0320                                                                                 
                Application 09/945,339                                                                           

                                               BACKGROUND                                                        
                       “The present invention relates to a method of transplanting                               
                hematopoietic cells between genetically unrelated individuals using                              
                mononuclear cells treated so as to substantially reduce their ability to cause                   
                graft versus host disease while they retain their ability to proliferate in the                  
                recipient and facilitate engraftment by hematopoietic cells” (Spec. 1).                          
                       According to the Specification, “the treated mononuclear cells can                        
                condition the recipient to successfully accept the transplanted cells [ ]                        
                without mounting an immune response against the recipient’s cells” and                           
                “[t]he mononuclear cells can also exert a graft versus leukemia effect by                        
                which they aid in the elimination of residual cancer cells in the recipient”                     
                (Spec. 22: 25 to 23: 2).  In a nutshell, the Specification teaches that the                      
                ability of the treated mononuclear cells to proliferate in the recipient is                      
                directly proportional to the cells’ ability to facilitate engraftment of                         
                transplanted hemaotpoietic cells, but inversely proportional to the cells’                       
                capacity to trigger GvHD (Spec. passim).                                                         
                       Claim 1 is representative of the subject matter on appeal:                                
                       1.  A method of transplanting hematopoietic cells from a donor                            
                source into a genetically unrelated recipient, comprising:                                       
                       a)  administering to the recipient, in combination with the                               
                       administration of the hematopoietic cells, an amount of mononuclear                       
                       cells which are treated so as to substantially reduce their ability to                    
                       cause graft versus host disease while they retain their ability to                        
                       proliferate in the recipient and facilitate engraftment of the                            
                       hematopoietic cells in the recipient; and                                                 
                       (b)  administering to the recipient an effective amount of                                
                       hematopoietic cells.                                                                      

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