Appeal 2007-1040
Application 09/960,708
2. FK506 and CsA are immunosuppressive agents (Jiang 67,
col. 1, ll. 1-5).
3. The term “effective amount” means “the amount required to achieve the
desired result . . . where such amounts may readily be determined
empirically”1 (Specification 8: ¶ 24).
4. The active “agent may be administered to the host using any convenient
means capable of producing the desired result” (Specification 8: ¶ 25). We
understand this to mean that the agent can be administered both topically
and systemically.
5. The term “inhibiting” means “prevented from happening, or stopped”
(Specification 11: ¶ 34).
6. The term “host” encompasses “rodentia (e.g., mice, guinea pigs, and rats)
. . . ” (Specification 11: ¶ 35).
7. “[S]ystemic administration of immunosuppressants promotes
carcinogenesis in parallel with the suppression of T cell functions” (Jiang
69, col. 2, ll. 49-51).
8. “In contrast to the case of systemic administration, topical application of
CsA . . . markedly suppressed skin tumor promotion caused by TPA . . .”
(Jiang 69, col. 2, ll. 12-20).
9. Jiang teaches “the inhibition of tumor formation in mice comprising the
[topical] administration of FK506” (Answer 3; Br. 7).
1 According to Appellants’ Specification “[t]hose of skill will readily
appreciate that dose levels can vary as a function of the specific compound,
the severity of the symptoms and the susceptibility of the subject to side
effects. Preferred dosages for a given compound are readily determinable by
those of skill in the art by a variety of means.” (Specification 10: ¶ 33).
4
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