Chemistry: natural resins or derivatives; peptides or proteins; – Peptides of 3 to 100 amino acid residues – 8 to 10 amino acid residues in defined sequence
Reexamination Certificate
1999-07-15
2003-12-16
Caputa, Anthony C. (Department: 1642)
Chemistry: natural resins or derivatives; peptides or proteins;
Peptides of 3 to 100 amino acid residues
8 to 10 amino acid residues in defined sequence
C530S326000, C530S300000, C530S350000, C530S403000, C530S402000, C424S184100, C424S185100, C424S277100, C514S002600, C514S014800, C514S015800, C930S010000
Reexamination Certificate
active
06664370
ABSTRACT:
TECHNICAL FIELD
The present invention is generally directed toward the detection, monitoring, and treatment of malignancies, in which the HER-2
eu oncogene is associated, through the use of a cancer patient's own immune reactivity to the HER-2
eu protein expressed by the HER-2
eu gene.
BACKGROUND OF THE INVENTION
Despite enormous investments of financial and human resources, cancer remains one of the major causes of death. For example, cancer is the leading cause of death in women between the ages of 35 and 74. Breast cancer is the most common malignancy in women and the incidence for developing breast cancer is on the rise. One in nine women will be diagnosed with the disease. Standard approaches to cure breast cancer have centered around a combination of surgery, radiation and chemotherapy. These approaches have resulted in some dramatic successes in certain malignancies. However, breast cancer is most often incurable, when diagnosed beyond a certain stage. Alternative approaches to early diagnosis and therapy are necessary.
A common characteristic of malignancies is uncontrolled cell growth. Cancer cells appear to have undergone a process of transformation from the normal phenotype to a malignant phenotype capable of autonomous growth. Amplification and overexpression of somatic cell genes is considered to be a common primary event that results in the transformation of normal cells to malignant cells. The malignant phenotypic characteristics encoded by the oncogenic genes are passed on during cell division to the progeny of the transformed cells.
Ongoing research involving oncogenes has identified at least forty oncogenes operative in malignant cells and responsible for, or associated with, transformation. Oncogenes have been classified into different groups based on the putative function or location of their gene products (such as the protein expressed by the oncogene).
Oncogenes are believed to be essential for certain aspects of normal cellular physiology. In this regard, the HER-2
eu oncogene is a member of the tyrosine protein kinase family of oncogenes and shares a high degree of homology with the epidermal growth factor receptor. HER-2
eu presumably plays a role in cell growth and/or differentiation. HER-2
eu appears to induce malignancies through quantitative mechanisms that result from increased or deregulated expression of an essentially normal gene product.
HER-2
eu (p185) is the protein product of the HER-2
eu oncogene. The HER-2
eu gene is amplified and the HER-2
eu protein is overexpressed in a variety of cancers including breast, ovarian, colon, lung and prostate cancer. HER-2
eu is related to malignant transformation. It is found in 50%-60% of ductal in situ carcinoma and 20%-40% of all breast cancers, as well as a substantial fraction of adenocarcinomas arising in the ovaries, prostate, colon and lung. HER-2
eu is intimately associated not only with the malignant phenotype, but also with the aggressiveness of the malignancy, being found in one-fourth of all invasive breast cancers. HER-2
eu overexpression is correlated with a poor prognosis in both breast and ovarian cancer. HER-2
eu is a transmembrane protein with a relative molecular mass of 185 kd that is approximately 1255 amino acids (aa) in length. It has an extracellular binding domain (ECD) of approximately 645 aa, with 40% homology to epidermal growth factor receptor (EGFR), a highly hydrophobic transmembrane anchor domain (TMD), and a carboxyterminal cytoplasmic domain (CD) of approximately 580 aa with 80% homology to EGFR.
An approach to developing a diagnostic assay for malignancies, in which the HER-2
eu oncogene is associated, has been to attempt to quantify the protein expression product of the HER-2
eu oncogene in tissue or body fluids. However, there have been problems in the development of diagnostic assays based on direct detection of HER-2
eu protein.
Due to the difficulties in the current approaches to diagnosis and therapy of cancers in which the HER-2
eu oncogene is associated, there is a need in the art for improved methods and compositions. The present invention fills this need, and further provides other related advantages.
SUMMARY OF THE INVENTION
Briefly stated, the present invention provides a variety of methods for the detection of a malignancy in a warm-blooded animal, wherein a HER-2
eu oncogene is associated with the malignancy. The methods may be used on a one time basis when a malignancy is suspected or on a periodic basis, e.g., to monitor an individual with an elevated risk of acquiring or reacquiring a malignancy. In one embodiment, the method comprises the steps of: (a) isolating CD4
+
T cells from a warm-blooded animal; (b) incubating the T cells with HER-2
eu protein; and (c) detecting the presence or absence of specific activation of the T cells, thereby determining the presence or absence of the malignancy. In another embodiment, the method comprises the steps of: (a) isolating CD8
+
T cells from a warm-blooded animal; (b) incubating the T cells with HER-2
eu protein; and (c) detecting the presence or absence of specific activation of the T cells, thereby determining the presence or absence of the malignancy. In another embodiment, the method comprises the steps of: (a) contacting a body fluid, suspected of containing antibodies specific for HER-2
eu protein, with HER-2
eu protein; (b) incubating the body fluid under conditions and for a time sufficient to allow immunocomplexes to form; and (c) detecting the presence or absence of immunocomplexes formed between the HER-2
eu protein and antibodies in the body fluid specific for the HER-2
eu protein, thereby determining the presence or absence of the malignancy.
In another aspect, the present invention provides methods for monitoring the effectiveness of cancer therapy in a warm-blooded animal with a malignancy, wherein a HER-2
eu oncogene is associated with the malignancy. Uses of such methods include the early detection of relapse. In one embodiment, the method comprises the steps of: (a) contacting a first body fluid sample, taken from the warm-blooded animal prior to initiation of therapy, with HER-2
eu protein; (b) incubating the body fluid under conditions and for a time sufficient to allow immunocomplexes to form; (c) detecting immunocomplexes formed between the HER-2
eu protein and antibodies in the body fluid specific for the HER-2
eu protein; (d) repeating steps (a), (b), and (c) on a second body fluid sample taken from the animal subsequent to the initiation of therapy; and (e) comparing the number of immunocomplexes detected in the first and second body fluid samples, thereby monitoring the effectiveness of the therapy in the animal.
The present invention is also directed toward methods for treating a malignancy in a warm-blooded animal, wherein a HER-2
eu oncogene is associated with the malignancy. In one embodiment, the method comprises the steps of: (a) isolating CD4
+
T cells from a warm-blooded animal; (b) incubating the T cells in the presence of HER-2
eu protein, such that the T cells proliferate; and (c) administering to the warm-blooded animal an effective amount of the proliferated T cells. In another embodiment, the method comprises the steps of: (a) isolating CD8
+
T cells from a warm-blooded animal; (b) incubating the T cells in the presence of HER-2
eu protein, such that the T cells proliferate; and (c) administering to the warm-blooded animal an effective amount of the proliferated T cells. In another embodiment, the method comprises the steps of: (a) isolating CD4
+
T cells from a warm-blooded animal; (b) incubating the T cells in the presence of HER-2
eu protein, such that the T cells proliferate; (c) cloning one or more cells that proliferated in the presence of HER-2
eu protein; and (d) administering to the warm-blooded animal an effective amount of the cloned T cells. In another embodiment, the method comprises the steps of: (a) isolating CD8
+
T cells from a warm-blooded animal; (b) incubating the T cells in th
Cheever Martin A.
Disis Mary L.
Caputa Anthony C.
Holleran Anne L.
Seed Intellectual Property Law Group PLLC
University of Washington
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