Ex Parte Argade et al

Patent Trial and Appeal Board

Aug 10, 2016

12030069 (P.T.A.B. Aug. 10, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/030,069 02/12/2008
74839 7590 08/12/2016
Klarquist Sparkman, LLP
121 SW Salmon St
Suite 1600
Portland, OR 97204
FIRST NAMED INVENTOR
Ankush Argade
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
7946-87493-03 1015
EXAMINER
RAO,DEEPAKR
ART UNIT PAPER NUMBER
1624
NOTIFICATION DATE DELIVERY MODE
08/12/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
tanya.harding@klarquist.com
docketing@klarquist.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte ANKUSH ARGADE, ARVINDER SRAN, DAVID CARROLL,
JEFFRETY CLOUGH, KIN TSO, SOMASEKHAR BHAMIDIPATI,
SAMBAIAH THOTA, RAJINDER SINGH, VANESSA TAYLOR,
HUI LI, and ESTEBAN MASUDA 1
Appeal2013-008708
Application 12/030,069
Technology Center 1600
Before DONALD E. ADAMS, ULRIKE W. JENKS, and
TA WEN CHANG, Administrative Patent Judges.
CHANG, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 involving claims to certain
compounds as well as methods of using such compounds to inhibit JAK
kinase activity and treat certain diseases, which have been rejected on the
grounds of non-enablement, obviousness, and/or nonstatutory obviousness-
type double patenting. We have jurisdiction under 35 U.S.C. § 6(b ).
We AFFIRM-IN-PART.
1 Appellants identify the Real Party in Interest as Rigel Pharmaceuticals, Inc.
(Appeal Br. 2.)
Appeal2013-008708
Application 12/030,069
STATEMENT OF THE CASE
Protein kinases are enzymes that modify other proteins by adding
phosphate groups. They are "responsible for the control of a variety of
signal transduction processes within cells" and "can be categorized ... by
the substrates they phosphorylate (e.g., protein-tyrosine, protein-
serine/threonine, ... etc.)." (Spec. i-f 3.) "JAK kinases ... are a family of
cytoplasmic protein tyrosine kinases" that are activated by "the trans-
phosphorylation of tyrosine residues on the JAK kinase." (Id. at i-f 4.)
According to Appellants' Specification, JAK kinases have been implicated
in a variety of biological processes such as abnormal immune responses,
type I hypersensitivity reactions, and allograft rejections. (Id. at i-fi-15---6.)
Further according to Appellants' Specification, the invention provides
"novel 2,4-pyrimidinediamine compounds for use in the treatment of
conditions in which targeting of the JAK pathway or inhibition of JAK
kinases ... are therapeutically useful." (Id. at i-f 8.)
Claims 1, 2, and 5-28 are on appeal. Claims 1 and 9 are illustrative
and read as follows:
1. A compound of the formula I:
t<' '+.::, Ci'' \P1