Ex Parte Banerjee et al - Page 2

                Appeal 2007-1614                                                                             
                Application 09/779,447                                                                       

                (Specification 1).  Abnormal or uncontrolled angiogenesis features                           
                prominently in a number of diseases (id. at 2).  Tumor growth, for example,                  
                depends on angiogenesis (id.).  Thus, “[i]n breast carcinoma, intratumoral                   
                endothelial cells proliferate 45 times faster than endothelial cells in adjacent             
                benign stroma, and the rate of tumor progression correlates with increased                   
                intratumoral microvascular density.  Neovascularization supports tumor                       
                growth by allowing ‘perfusion’ of nutrients, oxygen, and waste products                      
                through a crowded cell population” (id.).                                                    
                      The Specification discloses that tunicamycin reduces endothelial cell                  
                proliferation in cell culture, with 70% of the cells entering “into apoptosis                
                (i.e., ‘programmed cell death’) after an exposure to [1 μg/ml] tunicamycin                   
                for 32 hours” (id. at 56).  The Specification discloses methods of inhibiting                
                angiogenesis by administering nucleosides, including tunicamycin, “to a                      
                patient in need of such treatment, e.g., a patient having disease state                      
                characterized by an abnormally high amount of angiogenesis.  For instance,                   
                the present invention may inhibit neovascularization of a solid tumor tissue”                
                (id. at 37).                                                                                 
                                               DISCUSSION                                                    
                1.  CLAIMS                                                                                   
                      Claims 9, 14, and 18 are pending and on appeal.  Claim 9 is                            
                representative and reads as follows:                                                         
                      Claim 9:  A method for inhibiting angiogenesis, comprising:                            
                            administering a nucleoside in an amount effective to                             
                      inhibit angiogenesis, to a patient in need of such treatment, the                      
                      nucleoside comprising glucosamine, and wherein the                                     
                      glucosamine comprises at least one tunicamycin and functional                          
                      derivatives thereof, and wherein the at least one of tunicamycin                       

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