Appeal 2007-1040
Application 09/960,708
On this record, the evidence relied upon by the Examiner teaches the
administration of the same active agent, to the same host, in an amount that
suppresses the development of chemically induced skin tumors. While the
evidence is silent about the inhibition of angiogenesis/vascular development,
it is well recognized that merely discovering and claiming a new benefit of
an old process cannot render the process again patentable. In re Woodruff,
919 F.2d 1575, 1578 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
For the foregoing reasons we affirm the rejection of claim 46 under
35 U.S.C. § 103 as being unpatentable over the combination of Jiang and
Flanagan.
CLAIM 47:
Claim 47 is drawn to a method of inhibiting tumor growth in a host,
e.g., a mouse. Claim 47 requires the host (mouse) to have a neoplastic
disease condition, e.g., the development of a skin tumor in response to TPA
exposure. The method of claim 47 comprises administering (e.g., topically)
to the host (mouse) an effective amount of a cyclosporin to inhibit (e.g.,
prevent from happening) tumor growth in the host (mouse) having a
neoplastic disease condition (e.g., the development of a skin tumor in
response to TPA exposure).
Jiang teaches that the topical application of an effective amount of
cyclosporin A or FK506 to a mouse suppressed skin tumor promotion
caused by exposure to TPA (Jiang 69, col. 2, ll. 18-20 and 23-24; Answer 4).
In addition, the Examiner relies on Flanagan to teach that FK506 and
cyclosporin A have similar properties. In our opinion, the Examiner has
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: September 9, 2013