Prosecution Insights
Last updated: April 18, 2026
Application No. 18/556,387

ANTI-GALECTIN-9 ANTIBODIES AND THERAPEUTIC USES THEREOF

Non-Final OA §102§112
Filed
Oct 20, 2023
Examiner
STONEBRAKER, ALYSSA RAE
Art Unit
1642
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
PureTech LYT, Inc.
OA Round
1 (Non-Final)
55%
Grant Probability
Moderate
1-2
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
46 granted / 84 resolved
-5.2% vs TC avg
Strong +50% interview lift
Without
With
+49.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
69 currently pending
Career history
153
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
32.7%
-7.3% vs TC avg
§102
10.7%
-29.3% vs TC avg
§112
30.7%
-9.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 84 resolved cases

Office Action

§102 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Status Claims 2, 5, 9-10, 15, 17, 19, 21, 24-29, 32, 34-37, and 39 have been cancelled and c laims 1, 3-4, 6-7, 14, 16, 18, 23, 30, 33, and 38 have been amended, as requested in the preliminary amendment filed on 05/03/2024 . Following the amendment, claims 1, 3-4, 6-8, 11-14, 16, 18, 20, 22-23, 30-31, 33, and 38 are pending in the instant application. Claims 1, 3-4, 6-8, 11-14, 16, 18, 20, 22-23, 30-31, 33, and 38 are under examination in the instant office action. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Claims 1, 3-4, 6-8, 11-14, 16, 18, 20, 22-23, 30-31, 33, and 38 have an effective filing date of April 30, 2021 corresponding to PRO 63/ 182 , 521 . Information Disclosure Statement The information disclosure statement s (IDS) submitted on FILLIN "Enter date IDS was filed" \* MERGEFORMAT 02/19/2025 and 02/19/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement s are being considered by the examiner. Specification The specification is objected to for the use of the terms FILLIN "Identify the term that is a trade name or mark used in commerce." \d "[ 1 ]" nanobody (see Page 15), FACS (see Page 46) , and for example, DAKO, Novocastra, Sigma (see Page 142) , X-VIVO (see Page 166) , which are trade name s or a mark s used in commerce, have been noted in this application. The term s should be accompanied by the generic terminology; furthermore the term s should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term s . Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim FILLIN "Enter claim identification information" \* MERGEFORMAT s 1, 3-4, 6-8, 11-14, 16, 18, 20, 22-23, 30-31, and 38 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, because the specification, while being enabling for FILLIN "Identify claimed subject matter for which the specification is enabling" \* MERGEFORMAT treating a solid tumor in a subject having (i) an elevated serum or plasma level of Galectin-9 relative to a control or (ii) cancer cells or immune cells expressing Galectin-9 , does not reasonably provide enablement for FILLIN "Identify aspects of claims for which the specification is not enabling" \* MERGEFORMAT treating any and all solid tumors . The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to FILLIN "Enter --make-- or --use-- or --make and use--" \* MERGEFORMAT use the invention commensurate in scope with these claims. The Breadth of the Claims Independent claims 1 and 6 are drawn to methods for “treating a solid tumor” comprising, generally, administering to a subject in need thereof an effective amount of an antibody that binds human Galectin-9 (i.e., anti-Galectin-9 antibody). As currently presented, independent claims 1 and 6 are drawn to treating any and all solid tumors, the full scope of which is not enabled. The State of the Prior Art/Level of Predictability in the Art Cancer treatment is highly unpredictable. Even though the EGFR was identified in some cancers as a drug target, the in vitro (i.e., in a test tube) effectiveness of a drug in inhibiting the EGFR turned out to be a poor proxy for how effective that drug actually was in treating cancer in vivo (i.e., in the body). Numerous EGFR inhibitors that showed promising in vitro activity failed for a variety of reasons. These included poor pharmacokinetics due to poor absorption or rapid metabolism ( [**2] or both), undesirable drug-drug interactions, drug toxicity due to drug binding onto healthy cells, drug toxicity due to binding onto other receptors, and metabolite toxicity. Some drug candidates were limited by one or more of these shortcomings, further underscoring the unpredictable nature of cancer treatment. OSI Pharmaceuticals , LLc, v. Apotex Inc, 939 F.3d 1375, 2019. The state of the art at the time of filing was such that the functionality of an anti-tumor antibody was dependent on both its action on the intended target and whether or not the modulation of said target had an effect on any particular cancer cell. Baxevanis (Expert Opinion: Drug Discovery, Vol. 3, No. 4, Pg. 441-452, 2008) teaches that, depending on the epitope against which an antibody is directed, antibody-antigen binding may neutralize circulating targets or cell surface receptors (Pg. 444, Column 1, Paragraph, first full). They teach that presently available monoclonal antibodies (mAbs) are directed against molecular targets that are expressed on tumor cells or play an important role in the tumor microenvironment (Pg. 444, Column 1, Paragraph, first full; Table 1). Table 1 lists currently available antibodies for use in clinical oncology and illustrates that each antibody has a specific target (Table 1, Column 2) and a specific set of cancers for which it has therapeutic utility (Table 1, Column 4). Taken together, the art does not recognize a single antibody that is an effective therapy against all tumors. To further illustrate this point, Baxevanis goes on to explain the functionality of the more commonly used therapeutic antibodies. Trastuzumab targets the receptor HER-2 (HER-2/neu) which is overexpressed in some breast cancers and so is a viable treatment for said breast cancers (Pg. 444, Column 2, Lines 19-24). The basis of this variability in treatment response is due to the fact that the growth inhibitory effect of anti-HER-2 is dependent on the extent of HER-2 overexpression (pg. 443, Column 1, Paragraph, first partial). Because only a portion of breast cancer patients overexpress HER-2 and respond to trastuzumab, the selection of suitable patients is important (Pg. 445, Column 1, Lines 13-15). Rituximab is an antibody against CD20 antigen, which is expressed on most B cells including B-cell lymphomas (Pg. 445, Column 1, Lines 36-38). Therefore, it is used to treat B- cell lymphomas (Pg. 444, Table 1). It has been used to treat patients with relapsed or refractory low-grade non-Hodgkin's lymphoma (a B-cell lymphoma) (Pg. 445, Column 1, Lines 41-50). In contrast to trastuzumab and rituximab, some therapeutic antibodies show efficacy in treating multiple cancers. This stems from the fact that their target antigen is associated with multiple cancers. Cetuximab is an anti-EGFR antibody (Pg. 445, Column 1, Lines 19-20). EGFR is overexpressed in many epithelial cell tumors (Pg. 445, Column 1, Lines 20-21). The association of EGFR overexpression with multiple cell types gives cetuximab a broader therapeutic applicability than trastuzumab (Pg. 444, Table 1) as it is used to treat both renal and head and neck cancers. As a final point, the art also recognizes that the function of the therapeutic antibody must correlate with an effect on its target conducive to tumor growth inhibition or tumor lysis, resulting in patient benefit. Anti-HER-2 antibodies, like Trastuzumab, disrupt HER-2 catalytic activity (Pg. 443, Column 1, Paragraph, first partial, Sentence, ultimate; Table 1, Column 3, (S) referring to decreased protein signaling (activity); and Pg. 444, Column 2, Lines 19-22). Cetuximab also inhibits its target’s activity as it prevents EGFR dimerization and subsequent activation via phosphorylation (Pg. 445, Column 1, Lines 23-25). Since both HER-2 and EGFR activity support growth of cancer cells in which they are overexpressed, their inhibition is therapeutic to patients. Rituximab causes tumor cell lysis by antibody-dependent cellular cytotoxicity (ADCC) and complement-dependent cytotoxicity (CDC) (Pg. 445, Column 1, Lines 38-39) and so its therapeutic benefit is provided by specifically inducing cancer cell death. The teachings of Baxevanis discussed above underline the requirement of a link between an inhibitory antibody’s target and specific cancers to make therapy of said cancer predictable to one of ordinary skill in the art. The Amount of Direction Provided by the Inventor/Existence of Working Examples The instant specification indicates that subjects suitable for treatment by methods of the invention include human patients having (i) an elevated level of Galectin-9 (e.g., in serum or plasma) relative to a control value and/or (ii) cancer cells and/or immune cells expressing Galectin-9 (Page 7). The instant specification discloses specific exemplary solid tumors, including pancreatic ductal adenocarcinoma, colorectal cancer, hepatocellular carcinoma, and/or cholangiocarcinoma (Page 37). The working examples (Pages 70-179) of the instant specification disclose anti-Galectin-9 (anti-Gal-9 antibodies), both alone and in combination with an anti-PD-1 antibodies, wherein the cancers include pancreatic and colorectal cancers, melanoma, and cholangiocarcinoma . Thus, the instant specification indicates that not any and all solid tumors are suitable for treatment with the anti-Galectin-9 antibodies according to the methods of the invention, but rather only solid tumors wherein Galectin-9 is implicated are suitable for treatment. In view of the lack of the predictability of the art to which the invention pertains as evidenced by the art above, the lack of guidance and direction provided by Applicant, and the absence of working examples, undue experimentation would be required to use the method of the instant claims for the treatment of any and all solid tumors, with a reasonable expectation of success, absent a specific and detailed description in Applicant’s specification of how to effectively practice this and absent working examples providing evidence which is reasonably predictive that the claimed method can be used/practiced commensurate in scope with the claimed invention. It is noted that claims 3-4, 7-8, 11-14, 16, 18, 20, 22-23, 30-31, and 38 are included in this rejection as they all depend from/incorporate independent claim 1 or 6. Examiner Suggestion: It is recommended that Applicant amend the independent claims such that it is clear that Galectin-9 is implicated in the pathology of the solid tumors for treatment by the claimed methods. For example, i t is noted that claim 33 is not included in the scope of enablement rejection as claim 33 limits the subject population, and solid tumors thereof, to those with (i) elevated serum or plasma levels of Galectin-9 and/or (ii) cancer or immune cells expressing Galectin-9; thus, Galectin-9 is implicated in the solid tumors to be treated. Claim Rejections - 35 USC § 102 /103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1, 3-4, 6-8, 11-14, 16, 18, 20, 22-23, 30-31, 33, and 38 are rejected under 35 U.S.C. 102 FILLIN "Insert either \“(a)(1)\” or \“(a)(2)\” or both. If paragraph (a)(2) of 35 U.S.C. 102 is applicable, use form paragraph 7.15.01.aia, 7.15.02.aia or 7.15.03.aia where applicable." \d "[ 2 ]" (a)(2) as being FILLIN "Insert either—clearly anticipated—or—anticipated—with an explanation at the end of the paragraph." \d "[ 3 ]" anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over FILLIN "Insert the prior art relied upon." \d "[ 4 ]" US 2022/0185896 A1 (herein after referred to as "896") . 896 discloses methods for treating solid tumors (e.g., pancreatic adenocarcinoma (PDA), colorectal cancer (CRC), hepatocellular carcinoma (HCC)), or Cholangiocarcinoma and others), including, but not limited to, metastatic tumors, using an anti-Galectin-9 antibody (Abstract). In some embodiments, the antibody (i) comprises a heavy chain variable region comprising SEQ ID NO: 7, (ii) comprises a light chain variable region comprising SEQ ID NO: 8, (iii) comprises a heavy chain comprising SEQ ID NO: 19, and/or (iv) comprises a light chain comprising SEQ ID NO: 15; in some embodiments, the antibody is G9.2-17 IgG4 (Paragraph 0010). It is specifically noted that 896 SEQ ID NOs: 7, 8, 15, and 19 are exact matches to instant SEQ ID NOs: 7, 8, 15, and 19, respectively. Furthermore, 896 SEQ ID NOs: 7/19 and 8/15 comprise exact matches to instant SEQ ID NOs: 1-3 and 4-6, respectively, and it is further noted that 896 SEQ ID NO: 19 comprises an exact match to instant SEQ ID NO: 14. Thus, 896 discloses the instantly claimed antibody sequences, wherein the antibody is a full-length IgG4 (i.e., human IgG4; see Column 14, Lines 27-31) antibody molecule comprising a modified human IgG4 Fc region. In some embodiments (i) the anti-Galectin-9 antibody is administered to the subject at a dose of about 1 mg/kg to about 30 mg/kg (e.g., about 3 mg/kg to about 15 mg/kg or about 2 mg/kg to about 16 mg/kg) once every 2-3 weeks; (ii) the anti-Galectin-9 antibody is administered to the subject at a dose selected from 2 mg/kg, 4 mg/kg, 8 mg/kg, 12 mg/kg, or 16 mg/kg; (iii) the antibody is administered once every 2 weeks; (iv) the anti-Galectin-9 antibody is administered to the subject at a dose selected from 2 mg/kg, 4 mg/kg, 8 mg/kg, 12 mg/kg, or 16 mg/kg once every 2 weeks; (v) the anti-Galectin-9 antibody is administered once every 2 weeks for one cycle, once every 2 weeks for two cycles, once every 2 weeks for 3 cycles, once every 2 weeks for 4 cycles, or once every 2 weeks for more than 4 cycles wherein the anti-Galectin-9 antibody is administered to the subject by intravenous infusion and the cancer is metastatic cancer, including a metastatic cancer of any of the above mentioned cancers (Paragraph 0011). In a more specific embodiment, the anti-Galectin-9 antibody is administered to the subject at a dose of about 1 mg/kg to about 32 mg/kg, e.g., the dose may be selected from 2 mg/kg, 4 mg/kg, 8 mg/kg, 12 mg/kg, and 16 mg/kg and the antibody is administered once every two weeks, e.g., via intravenous infusion (Paragraph 0131). Additional specific, doses include: 1 mg/kg to 3 mg/kg, 3 mg/kg to 4 mg/kg, 4 mg/kg to 8 mg/kg, 8 mg/kg to 12 mg/kg, 12 mg/kg to 16 mg/kg, 16 mg/kg to 20 mg/kg, 20 mg/kg to 24 mg/kg, 24 mg/kg to 28 mg/kg, or 28 mg/kg to 32 mg/kg (e.g., 1 mg/kg, 2 mg/kg, 3 mg/kg, 4 mg/kg, 5 mg/kg, 6 mg/kg, 7 mg/kg, 8 mg/kg, 9 mg/kg, 10 mg/kg, 11 mg/kg, 12 mg/kg, 13 mg/kg, 14 mg/kg, 15 mg/kg, 16 mg/kg, 1 7 mg/kg, 18 mg/kg, 19 mg/kg, 20 mg/kg, 21 mg/kg, 22 mg/kg, 23 mg/kg, 24 mg/kg, 25 mg/kg, 26 mg/kg, 27 mg/kg, 28 mg/kg, 29 mg/kg, 30 mg/kg, 31 mg/kg, or 32 mg/kg) or any incremental doses within these ranges (Paragraph 0152). In some embodiments, the method of treatment employing the anti-Galectin-9 antibody includes another concurrent anti-cancer therapy; the method of treatment employing the anti-Galectin-9 antibody further comprises administering to the subject an immune checkpoint inhibitor wherein the immune checkpoint inhibitor is an antibody that binds PD-1, for example, pembrolizumab, nivolumab, tislelizumab, orcemiplimab (Paragraph 0012). In any of the methods of the invention , the subject (e.g., a human patient) may have undergone one or more prior anti-cancer therapies, e.g., surgery, chemotherapy, immunotherapy, radiation therapy, a therapy involving a biologic, targeted small molecule, hormonal agent, or a combination thereof wherein, in some embodiments, the subject (i) has progressed disease through the one or more prior anti-cancer t herapies, (ii) is resistant (e.g., de nova, or acquired) to the one or more prior t herapies , or (iii) has relapsed after one or more prior therapies (Paragraph 0014) . Furthermore, in the treatment methods of the invention the subject can be a human patient having (i) an elevated level of Galectin-9 relative to a control value wherein the human patient has an elevated serum or plasma level of Galectin-9 relative to the control value and/or the human patient has an elevated level of Galectin-9 expressed on the surface of cells derived from the human patient as relative to the control value wherein such cells can be cancer cells and/or immune cells in the tumor and/or in the blood of a cancer patient (Paragraph 0015). Additionally, the human patient may , for example : (i) be 18 or older; (ii) have histologically confirmed unresectable metastatic or inoperable cancer ; (iii) a measurable disease, according to RECIST vl.1, having Eastern Cooperative Oncology Group (ECOG) performance status 0-1 or Karnofsky score >70; (iv) have no available standard of care options; (v) received at least one line of systemic therapy in the advanced/metastatic setting; (vi) have adequate hematologic and end organ function; (vii) have completed treatment for brain metastases, if any; (viii) having no evidence of active infection and no serious infection within the past month; (ix) having at least four (4) weeks or 5 half-lives (whichever is shorter) since the last dose of anti-cancer therapy before the first anti-Gal-9 antibody administration; (x) continued bisphosphonate treatment (zolendronic acid) or denosumab for bone metastases if applicable (Paragraph 0144). Treatment methods of the invention may further comprise monitoring the occurrence of adverse effects in the subject, wherein in the case of adverse effects either the dose of the anti-Galectin-9 antibody or the does of the immune checkpoint inhibitor (if used), or both may be reduced (Paragraph 0016). As such, 896 anticipates instant claims 1, 3-4, 11-14, 16, 18, 20, 22-23, 30-31, 33, and 38. 896 renders obvious claims 1, 3-4, 6-8, 11-14, 16, 18, 20, 22-23, 30-31, 33, and 38 as the reference discloses all of the instantly claimed limitations, albeit by way of multiple embodiments. However, one of ordinary skill in the art would have found it prima facie obvious to combine the various embodiments, all of which are useful in the treatment of solid tumors comprising administering an anti-Galectin-9 antibody, wherein said treatment method could be specific for the instantly claimed (i) patient population(s); (ii) antibody doses/dosing schedules; and (iii) agent(s) for use in combination with the antibodies of the invention. Additionally, regarding the doses/dosing schedules of the anti-Galectin-9 antibody, as pertains to claims 6-8, for example, it is noted that 896 indicates that the determination of whether an amount of the antibody achieved the therapeutic effect would be evident to one of skill in the art (Paragraph 0149). More specifically, (i) effective amounts vary, as recognized by those skilled in the art, depending on the particular condition being treated, the severity of the condition, the individual patient parameters including age, physical condition, size, gender and weight, the duration of the treatment, the nature of concurrent therapy (if any), the specific route of administration and like factors within the knowledge and expertise of the health practitioner (these factors are well known to those of ordinary skill in the art and can be addressed with no more than routine experimentation); (ii) empirical considerations, such as the half-life, generally contribute to the determination of the dosage; (iii) frequency of administration may be determined and adjusted over the course of therapy, and is generally, but not necessarily, based on treatment and/or suppression and/or amelioration and/or delay of a target disease/disorder; and (iv) dosages for an antibody as described can be determined empirically in individuals who have been given one or more administration(s) of the antibody wherein individuals are given incremental dosages of the antagonist and to assess efficacy of the antagonist, an indicator of the disease/disorder can be followed (Paragraphs 0149-0151). Thus, as evidenced by the reference, it is noted that working dosages and/or dosing schedules of anti-Galectin-9 antibodies are recognized as therapeutic variables which achieve a recognized result and as set forth in MPEP 2144.05: “A particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation.” In re Antonie , 559 F.2d 618, 195 USPQ 6 (CCPA 1977). It is a common objective in the art to optimize result effective variables, so as achieve optimal effect and maximal benefit. See In re Boesch , 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980) (“[D]iscovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art.” (citations omitted)). Therefore, any optimization of dosages and/or dosing schedules of anti-Galectin-9 antibodies would be seen as routine optimization, as supported by the reference. Thus, 896 renders obvious claims 1, 3-4, 6-8, 11-14, 16, 18, 20, 22-23, 30-31, 33, and 38 . Claims 1, 3-4, 6-8, 11-14, 16, 18, 20, 30-31, 33, and 38 are rejected under 35 U.S.C. 102 FILLIN "Insert either \“(a)(1)\” or \“(a)(2)\” or both. If paragraph (a)(2) of 35 U.S.C. 102 is applicable, use form paragraph 7.15.01.aia, 7.15.02.aia or 7.15.03.aia where applicable." \d "[ 2 ]" (a)(2) as being FILLIN "Insert either—clearly anticipated—or—anticipated—with an explanation at the end of the paragraph." \d "[ 3 ]" anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over FILLIN "Insert the prior art relied upon." \d "[ 4 ]" US 2022/0332832 A1 (herein after referred to as "832") . 832 discloses combined therapy for a solid tumor, comprising an antibody that binds human galectin-9 (anti-Gal9 antibody, e.g., G9.2-17), and one or more chemotherapeutics (Abstract). The invention provides methods for treating a solid tumor involving the co-use of an anti-galectin-9 antibody (e.g., G9.2-17 or a functional variant thereof) and one or more chemotherapeutics (Paragraph 0006) wherein said methods may be applied for treating a metastatic solid tumor including pancreatic ductal adenocarcinoma (PDAC), for example, metastatic PDAC (Paragraph 0010). In some embodiments, the anti-Galectin-9 antibody is administered to the subject , for example : (i) at a dose of about 0.5 mg/kg to about 32 mg/kg (e.g., about 0.5 mg/kg to about 16 mg/kg, about 2 mg/kg to about 32 mg/kg or about 2 mg/kg to about 16 mg/kg); (ii) once a week; (iii) once every 2 or 3 weeks; (iv) at a dose selected from 2 mg/kg, 4 mg/kg, 8 mg/kg, 12 mg/kg, or 16 mg/kg; or (v) at a dose selected from 2 mg/kg, 4 mg/kg, 8 mg/kg, 12 mg/kg, or 16 mg/kg once every 2 weeks wherein the anti - Galectin-9 antibody is administered to the subject by intravenous infusion (Paragraphs 0012-0013). In some instances, multiple doses of the anti-Galectin-9 antibody can be administered to a subject at a suitable interval or cycle, for example, once every week, once every two to four weeks (e.g., every two, three, or four weeks); the treatment may last for a suitable period, for example, up to 3 months, up to 6 months, or up to 12 months or up to 24 months or longer (Paragraph 0149). In one more specific/exemplary embodiment, the treatment method comprises one or more treatment cycle(s) of 28 days, wherein: (1) anti-Gal9 antibody is administered to the subject on day 1 and day 15 (i.e., once every 2 weeks (q2w)) at a dose of 0.5 mg/kg to 1 mg/kg, 1 mg/kg to 2 mg/kg, 3 mg/kg to 4 mg/kg, 4 mg/kg to 8 mg/kg, 8 mg/kg to 12 mg/kg, 12 mg/kg to 16 mg/kg, 16 mg/kg to 20 mg/kg, 20 mg/kg to 24 mg/kg, 24 mg/kg to 28 mg/kg, or 28 mg/kg to 32 mg/kg (e.g., 0.5 mg/kg, 1 mg/kg, 2 mg/kg, 3 mg/kg, 4 mg/kg, 5 mg/kg, 6 mg/kg, 7 mg/kg, 8 mg/kg, 9 mg/kg, 10 mg/kg, 11 mg/kg, 12 mg/kg, 13 mg/kg, 14 mg/kg, 15 mg/kg, 16 mg/kg, 17 mg/kg, 18 mg/kg, 19 mg/kg, 20 mg/kg, 21 mg/kg, 22 mg/kg, 23 mg/kg, 24 mg/kg, 25 mg/kg, 26 mg/kg, 27 mg/kg, 28 mg/kg, 29 mg/kg, 30 mg/kg, 31 mg/kg, or 32 mg/kg) or any incremental doses within these ranges or any incremental doses within these ranges, or any increment therein, via intravenous infusion; (2) gemcitabine is administered to the subject on day 1, day 8, and day 15 at a dose of 800 mg/m2, 600 mg/m2, or 1000 mg/m2 intravenously (e.g., intravenous injection); (3) paclitaxel (e.g., nanoparticle albumin-bound paclitaxel) is administered to the subject on day 1, day 8, and day 15 at a dose of 100 mg/m2, 75 mg/m2 or 125 mg/m2 intravenously (e.g., intravenous injection) (Paragraph 0214-0217). In some embodiments, the anti-Gal9 antibody may comprise a heavy chain variable region (VH) that comprises the amino acid sequence of SEQ ID NO: 7; and a light chain variable region (VL) that comprises the amino acid sequence of SEQ ID NO: 8; in some examples, the anti-Gal9 antibody can be an IgG molecule, for example, an IgG4 molecule wherein, in specific examples, the anti-Gal9 antibody may comprise a heavy chain that comprises the amino acid sequence of SEQ ID NO: 19 and a light chain that comprises the amino acid sequence of SEQ ID NO: 15 (Paragraph 0016). It is specifically noted that 832 SEQ ID NOs: 7, 8, 15, and 19 are exact matches to instant SEQ ID NOs: 7, 8, 15, and 19 , respectively . Furthermore, it is noted that 832 SEQ ID NOs: 7/19 and 8/15 comprise exact matches to instant SEQ ID NOs: 1-3 and 4-6, respectively , and it is further noted that 832 SEQ ID NO: 19 comprises an exact match to instant SEQ ID NO: 14. Thus, 832 discloses the instantly claimed antibody sequences, wherein the antibody is a full-length IgG4 (i.e., human IgG4) antibody molecule comprising a modified human IgG4 Fc region. In some embodiments, the subject to be treated by any of the methods disclosed can be a human patient wherein, in some examples: (i) the subject has galectin-9 positive cancer cells or immune cells wherein said cancer cells or immune cells may be detected in tumor organoids derived from the subject; and/or (ii) the subject may have an elevated level of galectin-9 relative to a control value wherein the subject may have an elevated serum or plasma level of galectin-9 relative to the control value (Paragraph 0017). In some embodiments, the subject may have received at least one line of systemic anti-cancer therapy wherein, in some examples, the subject may have received a prior therapy involving gemcitabine and/or paclitaxel (i.e., chemotherapy) at least six months before administration of the anti-Gal9 antibody (Paragraph 0018). In some embodiments, the methods disclosed target specific patient populations, for example, patients who have undergone prior treatment and show disease progression through the prior treatment, or patients who are resistant ( de novo or acquired) to the prior treatment (Paragraph 0029). Additionally, the human patient may, for example: (i) be 18 or older and have histologically confirmed unresectable metastatic cancer (e.g., adenocarcinomas and squamous cell carcinomas); (ii) have measurable disease, according to RECIST vl.1; (iii) be a PDAC patient who has received at least one line of prior systemic therapy in the metastatic cancer setting; (iv) have adequate hematologic and end organ function; (v) have no evidence of active infection and no serious infection within 4 weeks before treatment starts (Paragraph 0247 ). The methods disclosed may further comprise monitoring occurrence of one or more adverse effects in the subject (e.g., hepatic impairment, hematologic toxicity, neurologic toxicity, cutaneous toxicity, gastrointestinal toxicity, or a combination thereof) wherein when one or adverse effects are observed, the method may further comprise reducing the dose of the anti-Gal9 antibody, the dose of the one or more chemotherapeutics, or both (Paragraph 0020). Thus, 832 anticipates claims 1, 3-4, 6-8, 11-14, 16, 18, 20, 30-31, 33, and 38 . 832 renders obvious claims 1, 3-4, 6-8, 11-14, 16, 18, 20, 22-23, 30-31, 33, and 38 as the reference discloses all of the instantly claimed limitations, albeit by way of multiple embodiments. However, one of ordinary skill in the art would have found it prima facie obvious to combine the various embodiments, all of which are useful in the treatment of solid tumors comprising administering an anti-Galectin-9 antibody, wherein said treatment method could be specific for the instantly claimed (i) patient population(s); (ii) antibody doses/dosing schedules; and (iii) agent(s) for use in combination with the antibodies of the invention. Additionally, regarding the doses/dosing schedules of the anti-Galectin-9 antibody, it is noted that 832 indicates that the determination of whether an amount of the antibody achieved the therapeutic effect would be evident to one of skill in the art (Paragraph 0143). More specifically, (i) effective amounts vary, as recognized by those skilled in the art, depending on the particular condition being treated, the severity of the condition, the individual patient parameters including age, physical condition, size, gender and weight, the duration of the treatment, the nature of concurrent therapy (if any), the specific route of administration and like factors within the knowledge and expertise of the health practitioner (these factors are well known to those of ordinary skill in the art and can be addressed with no more than routine experimentation); (ii) empirical considerations, such as the half-life, generally contribute to the determination of the dosage; (iii) frequency of administration may be determined and adjusted over the course of therapy, and is generally, but not necessarily, based on treatment and/or suppression and/or amelioration and/or delay of a target disease/disorder; and (iv) dosages for an antibody as described can be determined empirically in individuals who have been given one or more administration(s) of the antibody wherein individuals are given incremental dosages of the antagonist and to assess efficacy of the antagonist, an indicator of the disease/disorder can be followed (Paragraphs 0143-0145). Thus, as evidenced by the reference, it is noted that working dosages and/or dosing schedules of anti-Galectin-9 antibodies are recognized as therapeutic variables which achieve a recognized result and as set forth in MPEP 2144.05: “A particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation.” In re Antonie , 559 F.2d 618, 195 USPQ 6 (CCPA 1977). It is a common objective in the art to optimize result effective variables, so as achieve optimal effect and maximal benefit. See In re Boesch , 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980) (“[D]iscovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art.” (citations omitted)). Therefore, any optimization of dosages and/or dosing schedules of anti-Galectin-9 antibodies would be seen as routine optimization, as supported by the reference. Thus, 832 renders obvious claims 1, 3-4, 6-8, 11-14, 16, 18, 20, 22-23, 30-31, 33, and 38. Claims 1, 3-4, 6-8, 11-14, 16, 18, 20, 22-23, 30-31, 33, and 38 are rejected under 35 U.S.C. 102 FILLIN "Insert either \“(a)(1)\” or \“(a)(2)\” or both. If paragraph (a)(2) of 35 U.S.C. 102 is applicable, use form paragraph 7.15.01.aia, 7.15.02.aia or 7.15.03.aia where applicable." \d "[ 2 ]" (a)(2) as being FILLIN "Insert either—clearly anticipated—or—anticipated—with an explanation at the end of the paragraph." \d "[ 3 ]" anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over FILLIN "Insert the prior art relied upon." \d "[ 4 ]" US 2024/0287195 A1 (herein after referred to as "195") . 195 discloses a method for treating a solid tumor (e.g., an ocular melanoma) that expresses galectin-9 in a human subject; the method comprises administering to the human subject in need thereof an effective amount of a pharmaceutical composition comprising an antibody that binds galectin-9 (anti-galectin-9 antibody) wherein, in some instances, the ocular melanoma is uveal melanoma or the ocular melanoma is metastatic (Paragraph 0008). In some examples, the anti-galectin-9 antibody may: (i) comprise a VH set forth as SEQ ID NO: 7 and/or the VL set forth as SEQ ID NO: 8; and/or (ii) comprise a heavy chain comprising the amino acid sequence of SEQ ID NO: 19 and a light chain comprising the amino acid sequence of SEQ ID NO: 15 wherein, in one example, the antibody is G9.2-17 IgG4 (Paragraphs 0009-0011). It is specifically noted that 195 SEQ ID NOs: 7, 8, 15, and 19 are exact matches to instant SEQ ID NOs: 7, 8, 15, and 19, respectively. Furthermore, it is noted that 195 SEQ ID NOs: 7/19 and 8/15 comprise exact matches to instant SEQ ID NOs: 1-3 and 4-6, respectively, and it is further noted that 195 SEQ ID NO: 19 comprises an exact match to instant SEQ ID NO: 14. Thus, 195 discloses the instantly claimed antibody sequences, wherein the antibody is a full-length IgG4 (i.e., human IgG4) antibody molecule comprising a modified human IgG4 Fc region. In some embodiments, the anti-galectin-9 antibody as disclosed (e.g., G9.2-17 IgG4) is administered to the human subject at a dose of: (i) about 0.2 mg/kg to about 32 mg/kg, for example, at a dose of about 1 mg/kg to about 32 mg/kg; (ii) about 0.2 mg/kg to about 16 mg/kg; (iii) about 0.2 mg/kg, about 0.63 mg/kg, about 2 mg/kg, about 6.3 mg/kg, about 10 mg/kg, or about 16 mg/kg; (iv) about 0.5 mg/kg to about 32 mg/kg, or about 2 mg/kg to about 16 mg/kg wherein, alternatively or in addition, the anti-galectin-9 antibody (e.g., G9.2-17 IgG4) is administered to the human subject once every two weeks and/or the anti-galectin-9 antibody is administered to the subject by intravenous infusion (Paragraph 0012). Additional, more specific dosages include, for example: 1 mg/kg to 3 mg/kg, 3 mg/kg to 4 mg/kg, 4 mg/kg to 8 mg/kg, 8 mg/kg to 12 mg/kg, 12 mg/kg to 16 mg/kg, 16 mg/kg to 20 mg/kg, 20 mg/kg to 24 mg/kg, 24 mg/kg to 28 mg/kg, or 28 mg/kg to 32 mg/kg (e.g., 1 mg/kg, 2 mg/kg, 3 mg/kg, 4 mg/kg, 5 mg/kg, 6 mg/kg, 7 mg/kg, 8 mg/kg, 9 mg/kg, 10 mg/kg, 11 mg/kg, 12 mg/kg, 13 mg/kg, 14 mg/kg, 15 mg/kg, 16 mg/kg, 17 mg/kg, 18 mg/kg, 19 mg/kg, 20 mg/kg, 21 mg/kg, 22 mg/kg, 23 mg/kg, 24 mg/kg, 25 mg/kg, 26 mg/kg, 27 mg/kg, 28 mg/kg, 29 mg/kg, 30 mg/kg, 31 mg/kg, or 32 mg/kg) or any incremental doses within these ranges (Paragraph 0125). The methods of the invention may further comprise administering to the human subject an effective amount of a checkpoint inhibitor; in some embodiments, the checkpoint inhibitor is an anti-PD-1 or anti-PD-Ll antibody wherein examples include, but are not limited to, nivolumab, pembrolizumab , tislelizumab, or cemiplimab, durvalumab, avelumab, and atezolizumab (Paragraph 0014). In some embodiments, the human subject has undergone one or more prior anti-cancer therapies; in some examples, the one or more prior anti-cancer therapies comprise chemotherapy, immunotherapy, radiation therapy, a therapy involving a biologic agent, or a combination thereof wherein, in some instances, the human subject has progressed disease through the one or more prior anti-cancer therapies, or is resistant to the one or more prior therapies (Paragraph 0017). The human subject may have an elevated level of galectin-9 relative to a control value wherein the human subject may: (i) have an elevated serum or plasma level of galectin-9 relative to the control value; and/or (ii) have cancer cells and/or immune cells expressing galectin-9, which may be in tumor organoids derived from the human patient (Paragraph 0018). Additionally, the human patient may, for example: (i) be 18 or older; (ii) have histologically confirmed unresectable metastatic or inoperable cancer; (iii) a measurable disease, according to RECIST vl.1, having Eastern Cooperative Oncology Group (ECOG) performance status 0-1 or Karnofsky score >70; (iv) have no available standard of care options; (v) received at least one line of systemic therapy in the advanced/metastatic setting; (vi) have adequate hematologic and end organ function; (vii) have completed treatment for brain metastases, if any; (viii) having no evidence of active infection and no serious infection within the past month; (ix) having at least four (4) weeks or 5 half-lives (whichever is shorter) since the last dose of anti-cancer therapy before the first anti-Gal-9 antibody administration; (x) continued bisphosphonate treatment (zolendronic acid) or denosumab for bone metastases if applicable (Paragraph 0115). The treatment methods may further comprise monitoring occurrence of one or more adverse effects in the human subject (e.g., hepatic impairment, hematologic toxicity, neurologic toxicity, cutaneous toxicity, gastrointestinal toxicity, or a combination thereof) wherein, in some embodiments, the method may further comprise reducing the dose of the anti-galectin-9 antibody, optionally the dose of the checkpoint inhibitor, the dose of the chemotherapy, or a combination thereof, when an adverse effect is observed in the human subject (Paragraph 0026). Thus, 195 anticipates claims 1, 3-4, 11 , 13 -14, 16, 18, 20, 22-23, 30-31, 33, and 38. 195 renders obvious claims 1, 3-4, 6-8, 11, 13-14, 16, 18, 20, 22-23, 30-31, 33, and 38 as the reference discloses all of the instantly claimed limitations, albeit by way of multiple embodiments. However, one of ordinary skill in the art would have found it prima facie obvious to combine the various embodiments, all of which are useful in the treatment of solid tumors comprising administering an anti-Galectin-9 antibody, wherein said treatment method could be specific for the instantly claimed (i) patient population(s); (ii) antibody doses/dosing schedules; and (iii) agent(s) for use in combination with the antibodies of the invention. With regard to instant claim 12, while it is noted that the exemplary embodiment of the invention is drawn to the treatment of a solid tumor that is ocular melanoma, it is further noted that Paragraphs 0311-0312 indicate that Galectin-9 is a molecule overexpressed by many solid tumors (including those in pancreatic cancer, colorectal cancer, and hepatocellular carcinoma) and Galectin-9 is expressed on tumor-associated macrophages, as well as intra-tumoral immunosuppressive gamma delta T cells, thereby acting as a potent mediator of cancer-associated immunosuppression; preclinical proof of concept data demonstrate that G9.2-17 (IgG4) (a.k.a., G9.2-17 IgG4) reduces pancreatic tumor growth by up to 50% in orthotopic ((LSLKras(G12D/±); LSL-Trp53(Rl 72H/+ ); Pdx-1-Cre)-pancreatic ductal adenocarcinoma) KPC models and B16F10melanoma, subcutaneous model, as a single agent. Thus, it would have been obvious to one of ordinary skill in the art that the method of the invention could reasonably be applied to solid tumors including pancreatic ductal adenocarcinoma, colorectal cancer, and/or hepatocellular carcinoma with a reasonable expectation of success, as use of the anti-Galectin-9 antibodies in such cancers as a single agent is supported. Additionally, regarding the doses/dosing schedules of the anti-Galectin-9 antibody, it is noted that 195 indicates that the determination of whether an amount of the antibody achieved the therapeutic effect would be evident to one of skill in the art (Paragraph 0121). More specifically, (i) effective amounts vary, as recognized by those skilled in the art, depending on the particular condition being treated, the severity of the condition, the individual patient parameters including age, physical condition, size, gender and weight, the duration of the treatment, the nature of concurrent therapy (if any), the specific route of administration and like factors within the knowledge and expertise of the health practitioner (these factors are well known to those of ordinary skill in the art and can be addressed with no more than routine experimentation); (ii) empirical considerations, such as the half-life, generally contribute to the determination of the dosage; (iii) frequency of administration may be determined and adjusted over the course of therapy, and is generally, but not necessarily, based on treatment and/or suppression and/or amelioration and/or delay of a target disease/disorder; and (iv) dosages for an antibody as described can be determined empirically in individuals who have been given one or more administration(s) of the antibody wherein individuals are given incremental dosages of the antagonist and to assess efficacy of the antagonist, an indicator of the disease/disorder can be followed (Paragraphs 0121-0123). Thus, as evidenced by the reference, it is noted that working dosages and/or dosing schedules of anti-Galectin-9 antibodies are recognized as therapeutic variables which achieve a recognized result and as set forth in MPEP 2144.05: “A particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation.” In re Antonie , 559 F.2d 618, 195 USPQ 6 (CCPA 1977). It is a common objective in the art to optimize result effective variables, so as achieve optimal effect and maximal benefit. See In re Boesch , 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980) (“[D]iscovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art.” (citations omitted)). Therefore, any optimization of dosages and/or dosing schedules of anti-Galectin-9 antibodies would be seen as routine optimization, as supported by the reference. Thus, 195 renders obvious claims 1, 3-4, 6-8, 11-14, 16, 18, 20, 22-23, 30-31, 33, and 38. Claims 1, 3-4, 6-8, 11-14, 16, 18, 20, 30-31, 33, and 38 are rejected under 35 U.S.C. 102 FILLIN "Insert either \“(a)(1)\” or \“(a)(2)\” or both. If paragraph (a)(2) of 35 U.S.C. 102 is applicable, use form paragraph 7.15.01.aia, 7.15.02.aia or 7.15.03.aia where applicable." \d "[ 2 ]" (a)(2) as being FILLIN "Insert either—clearly anticipated—or—anticipated—with an explanation at the end of the paragraph." \d "[ 3 ]" anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over FILLIN "Insert the prior art relied upon." \d "[ 4 ]" US 2024/0043543 A1 (herein after referred to as "543") . 543 discloses methods for treating a solid tumor involving the co-use of an anti-galectin-9 antibody (e.g., G9.2-17 or a functional variant thereof) and one or more chemotherapeutics (Paragraph 0006). The methods disclosed may be applied for treating a metastatic solid tumor, wherein, in some examples, the solid tumor is pancreatic ductal adenocarcinoma (PDAC), for example, metastatic PDAC (Paragraph 0010). In some embodiments, the subject to be treated by any of the methods disclosed herein may have one or more of the following features: (i) has no resectable cancer; (ii) has no infection by SARS-CoV-2; and (iii) has no active brain or leptomeningeal metastasis (Paragraph 0011). In some embodiments, the anti-Galectin-9 antibody is administered to the subject at a dose of about 0.5 mg/kg to about 32 mg/kg (e.g., about 0.5 mg/kg to about 16 mg/kg, about 2 mg/kg to about 32 mg/kg or about 2 mg/kg to about 16 mg/kg) wherein the anti-Galectin-9 antibody is administered to the subject (i) once a week or (ii) once every 2 or 3 weeks (Paragraph 0013). In some embodiments, the anti-Galectin-9 antibody is administered to the subject at: (i) a dose selected from 2 mg/kg, 4 mg/kg, 8 mg/kg, 12 mg/kg, or 16 mg/kg wherein the antibody is administered once every 2 weeks; or (ii) a dose selected from 2 mg/kg, 4 mg/kg, 8 mg/kg, 12 mg/kg, or 16 mg/kg once every 2 week. In any of these embodiments, the anti-Galectin- 9 antibody is administered to the subject once a week, once every two weeks, once every three weeks, or once every four weeks and the anti-Galectin-9 antibody is administered to the subject by intravenous infusion (Id.). In some embodiments, the anti-Gal9 antibody may: (i) comprise a heavy chain variable region (VH ) that comprises the amino acid sequence of SEQ ID NO: 7 and a light chain variable region (VL ) that comprises the amino acid sequence of SEQ ID NO: 8; (ii) be an IgG molecule, for example, an IgG4 molecule ; and/or (iii) comprise a heavy chain that comprises the amino acid sequence of SEQ ID NO: 19 and a light chain that comprises the amino acid sequence of SEQ ID NO: 15. It is specifically noted that 543 SEQ ID NOs: 7, 8, 15, and 19 are exact matches to instant SEQ ID NOs: 7, 8, 15, and 19, respectively. Furthermore, it is noted that 543 SEQ ID NOs: 7/19 and 8/15 comprise exact matches to instant SEQ ID NOs: 1-3 and 4-6, respectively, and it is further noted that 543 SEQ ID NO: 19 comprises an exact match to instant SEQ ID NO: 14. Thus, 543 discloses the instantly claimed antibody sequences, wherein the antibody is a full-length IgG4 (i.e., human IgG4) antibody molecule comprising a modified human IgG4 Fc region. The subject to be treated may be a human patient, and the subject may have an elevated level of galectin-9 relative to a control value wherein the human subject may: (i) have cancer cells and/or immune cells expressing galectin-9, which may be in tumor organoids derived from the human patient; and/or (ii) have an elevated serum or plasma level of galectin-9 relative to the control value (Paragraph 0018). In some embodiments, the subject may have received at least one line of systemic anti-cancer therapy wherein, in some examples, the subject may have received a prior therapy involving gemcitabine and/or paclitaxel (i.e., chemotherapy) at least six months before administration of the anti-Gal9 antibody (Paragraph 0019). In some instances, the methods disclosed t
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Prosecution Timeline

Oct 20, 2023
Application Filed
Apr 02, 2026
Non-Final Rejection — §102, §112 (current)

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