Ex Parte Carey et al - Page 2

                Appeal 2007-0746                                                                                
                Application 10/139,496                                                                          


                                        STATEMENT OF THE CASE                                                   
                       Sensorineural hearing loss (SNHL) “is the result of damage to either                     
                the sensory system within the inner ear or the nerves that carry information                    
                from the sensory system to the brain.”  (Specification (“Spec.”) 1.)                            
                “Autoimmunity is suspected to be a cause of some cases of sudden onset,                         
                rapidly progressive or fluctuating hearing loss, particularly when bilateral                    
                involvement occurs.”  (Spec. 2.)                                                                
                       “Currently there is general consensus among researchers in the field                     
                that the target antigen of the hearing loss antibody is a 68 kDa protein found                  
                in the inner ear.  It has been postulated that the 68 kDa protein is HSP-70,”                   
                but “the correlation between the Western blot [for HSP-70] and patient                          
                [response] to steroid treatment is low . . . .”  (Spec. 3.)                                     
                       The claimed invention in this case “generally relates to a purified                      
                novel antigen, Inner Ear Supporting Cell Antigen (IESCA) reactive with an                       
                autoantibody associated with autoimmune sensorineural hearing loss                              
                (AISNHL), and to methods for predicting the response of AISNHL patients                         
                to therapeutic treatment.”  (Id.)  According to Appellants, the “present                        
                invention represents a major improvement over existing tests for AISNHL,                        
                which identify antibodies to a universally distributed substance [HSP-70]                       
                that is not unique to the inner ear and has never been linked to hearing loss.”                 
                (Spec. 4.)  The specific autoantibody reactive to IESCA required by the                         
                claims is KHRI-3 monoclonal antibody.                                                           





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