Appeal 2007-0852
Application 09/919,195
Claim 13 reads as follows:
13. A method for the treatment or prevention of alveolar destruction in a
mammal comprising the step of administering a therapeutically effective amount of
an RARβ antagonist having specific RAR modulating activity to said mammal, and
such antagonist is not specific to at least one other RAR receptor subtype.
Grounds of Rejection
1. Claims 13-28 are rejected under 35 U.S.C. § 112, first paragraph, as
containing subject matter which was not described in the specification in such a
way as to reasonably convey to one skilled in the relevant art that the inventor(s),
at the time the application was filed, had possession of the claimed invention.
2. Claims 13-28 stand rejected under 35 U.S.C. § 112, first paragraph for
lack of enablement.
3. Claims 13-28 stand rejected under 102(b) as anticipated by Ghaffani,
Cong, Xu, Wu, Song and Yu.
Cited References
Jun Yu et al., Indirect effects of histamine on pulmonary rapidly adapting
receptors in cats, 79 Respiration Physiology 101-110 (1990).
Ching Song et al., Ubiquitous receptor: A receptor that modulates gene
activiation by retinoic acid and thyroid hormone receptors, 91 Proc. Natl. Acad.
Sci. USA 10809-10813 (1994).
Qiao Wu et al., Modulation of retinoic acid sensitivity in lung cancer cells
through dynamic balance of orphan receptors nur77 and COUP-TF and their
heterodimerization, 16 (7) The EMBO Journal 1656-1669 (1997).
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