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Full text of "USPTO Patents Application 09919224"

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United States Bvtent and Trademark Office 



UNITED STATES DEPARTMENT OF COMMERCE 
United States Patent and Trademark Office 

Addreua: COMMISSIONER OF PATENTS AND TRADEMARKS 
Washington, D.C. 20231 

WWW.U8plO.gOV 



APPLICATION NO. 



FILING DATE 



FIRST NAMED INVENTOR 



ATTORNEY DOCKET NO. CONFIRMATION NO. 



09/919,224 



07/30/2001 



Thomas J. Schall 



019934-001710US 



5559 



20350 7590 03/24/2003 

TOWNSEND AND TOWNSEND AND CREW, LLP 
TWO EMBARCADERO CENTER 
EIGHTH FLOOR 

SAN FRANCISCO, CA 941 1 1-3834 



BEST 



m copy 



EXAMINER 



BELYAVSKYI, MICHAIL A 



ART UNIT 



PAPER NUMBER 



1644 



DATE MAILED: 03/24/2003 



Please find below and/or attached an Office communication concerning this application or proceeding. 



PTO-90C (Rev. 07-01) 




TMENT OF COMMERCE 
Office 



UNITED STATES 
Patent and Trade 

Address: ASSISTANT COMMISSIONER FOR PATENTS 

Washir^ton,D.C. 20231 



APPLICATION NO./ 


FILING DATE 


FIRST NAMED INVENTOR/ 


ATTORNEY DOCKET NO. 


CONTROL NO. 




PATENT IN REEXAMINATION 





EXAMINER 



ART UNIT 



T AVM 



COPY 



PAPER 



12 



DATE MAILED: 



Please find below and/or attached an Office communication concerning this application or 
proceeding. 



Commissioner of Patents and Trademarks 

1. Applicant's amendment, filed 2/03 03 (Paper No. 1 1), is acknowledged. 
Claimsl-61 are pending. 

2. Applicant's election without traverse of Group V (claims 21-38 and 44-49) now claims 21-38, 44-49 and 50-61 in Paper No. 1 1, 
filed on 2/03/03 is acknowledged. 

Claims 1-20, and 39-43 have been withdrawn from further consideration by the examiner under 37 CFR 1. 142(b), as being drawn to 
nonelected inventions. 



2. Applicant's response is not fully responsive to the prior Office Action Paper No. 9, filed on 10/02/02, because of the following: 
In the prior Office Action it was stated in the Section No.9 : 

".If Groups V or VI are elected, applicant is required to elect a specific method of preventing or treating specific immune disorder, 
wherein an immune disorder selected from the group recited in claim 24. 

These species are distinct because method of preventing or treating specific immune disorder, differ in etiologies and therapeutic 
endpoints of pathological conditions; thus each condition represents patentably distinct subject matter. 

In addition, applicant is required to elect a specific method of preventing or treating specific chronic inflammatory disease, wherein 
specific chronic inflammatory disease selected from the group recited in claims 33 and 49. 

These species are distinct because method of preventing or treating specific chronic inflammatory disease differ in etiologies and 
therapeutic endpoints of pathological conditions; thus each condition represents patentably distinct subject matter. 

In addition, applicant is required to elect a specific method of preventing or treating specific immune disorder in patient wherein 
patient is suffering from a type TH1 immune response to a specific transplant graft organ selected from the group recited in claim 37, 

These species are distinct because specific method of preventing or treating specific immune disorder in patient wherein patient is 
suffering from a type TH1 immune response to a specific transplant graft organ selected from the group recited in claim 37 differ in 



PTO-90C (Rev.3-98) 



^^P^gical conditions; thus each condition reprq^J|^a 



£ '* etiologies and therapeutic endpoints of^^Mgical conditions; thus each condition reprq^Bfcatentably distinct subject matter. 



3. Applicant is advised that the response to this requirement to be complete must include an election of the species as it reads on each 
species election set forth above in section 2 to be examined even thoug 



tEStWOTft COPY 



Since the above -mention submission appears to be a bona fide attempt to reply, applicant is given a TIME PERIOD OF (1) MONTH 
OR THIRTY (30) DAYS, whichever is longer, from the mailing date of this notice within which to supply the omission or correction 
in order to avoid abondonment. EXTENSIONS OF THIS TIME PERIOD UNDER 37 CFR1. 136(a) ARE AVAILABLE. 

Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michail Belyavskyi 
whose telephone number is (703) 308- 4232. The examiner can normally be reached Monday through Friday from 9:00 AM to 5:30 
PM. A message may be left on the examiner's voice mail service. If attempts to reach the examiner by telephone are unsuccessful, the 
examiner's supervisor, Christina Chan can be reached on (703) 308-3973. Any inquiry of a general nature or relating to the status of 
this application should be directed to the Technology Center 1600 receptionist whose telephone number is (703) 308-0196. 

Papers related to this application may be submitted to Technology Center 1600 by facsimile transmission. Papers should be faxed to 
Technology Center 1600 via the PTO Fax Center located in Crystal Mall 1. The faxing of such papers must conform with the notice 
published in the Official Gazette, 1096 OG 30 (November 15, 1989). The CM1 Fax Center telephone number is (703) 305-3014. 

Michail Belyavskyi, Ph.D. 
Patent Examiner 
Technology Center 1600 
March 18, 2003. 



PHILLIP GAMBEL, PrLD 
PRIMARY EXAMINER 



PTO-90C (Rev.3-98)