Appeal 2007-2864
Application 10/747,798
Moreover,
Head and neck cancers can arise from squamous cell
carcinomas (SCC), which are the second most common form of
skin cancer. They occur in men more often than women and
originate primarily in skin exposed to the sun in a dose-
dependent manner. SCCs are likely derived from keratinocytes
located near the skin surface. Aneuploidy is common in this
type of cancer, as is the presence of p53 mutations. SCC may
occur anywhere on the skin, although it may arise on the
mucosal membranes of the mouth, nose, lips, throat, eyelids,
lining of the breathing tubes, anus, cervix, etc.
(Id. at 42)
DISCUSSION
Claims 1-12, 15, 18, 23-28, 33, 38-48, 51 and 54 stand rejected under
35 U.S.C. § 102(a) as being anticipated by Clayman as evidenced by Oda
and Flaitz. As Appellant does not argue claims 2, 3, 5, 7-12, 15, 18, 23-28,
38-48, and 51 separately from claim 1, those claims stand or fall with claim
1. 37 C.F.R. § 41.37(c)(1)(vii) (2006).
Clayman is relied upon for describing
a clinical protocol for treating humans with premalignancies of
squamous epithelium in the oral cavity with an adenoviral
vector encoding p53 under control of the CMV promoter by
intramucosal injection in the area of the lesion followed by
topical application of a mouthwash comprising the vector (see
pages 4-6 especially).
(Answer 5.)
According to the Examiner, Clayman does not specifically teach that
papilloma virus infection would be present in the cells of the lesion, but that
characteristic “is inherent in a substantial fraction of patients that would be
the target of the disclosed treatment.” (Id.) Oda is cited for teaching that up
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