throbber
To:
`
`Subject:
`
`Sent:
`Sent As:
`
`KIRA KHANH MCCARTHY(cxltrademarks@wolfgreenfield.com)
`U.S. Trademark Application Serial No. 88960633
`- NF-LIGHT
`Q00522001301
`January 18, 2022 03:24:33 PM EST
`tmng.notices@uspto.gov
`
`-
`
`Attachments
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`
`
`U.S. Application Serial No.  88960633
`
`Mark:   NF-LIGHT
`
`Correspondence Address:  
`KIRA KHANH MCCARTHY
`WOLF GREENFIELD & SACKS PC
`600 ATLANTIC AVENUE
`BOSTON MA 02210 UNITED STATES
`
`Applicant:   Uman Diagnostics AB
`
`Reference/Docket No.  Q00522001301
`
`Correspondence Email Address:   cxltrademarks@wolfgreenfield.com
`
`
`
`
`
`
`REQUEST FOR RECONSIDERATION
`AFTER FINAL ACTION
`DENIED
`
`Issue date:   January 18, 2022
`
`STATUS OF THE APPLICATION
`
`The referenced application is currently the subject of an appeal with the Trademark Trial and Appeal
`Board (Board). However, the Board has suspended action on the appeal and has remanded the
`application to the trademark examining attorney to consider additional evidence pertaining to the
`refusal. See 37 C.F.R. §2.142(d), (f); TMEP §1209.04.
`
`This Office Action responds to applicant’s Request for Reconsideration dated December 20, 2021,
`where applicant:
`
`           
`

`

`
`
`1.
`2.
`
`Amended the identification and classification of goods; and
`Provided additional evidence and arguments against the  Sections 1, 2, & 45 Refusal, Section
`2(e)(1) Refusal in the alternative, and Section 2(f) Refusal
`
`
`The examining attorney has reviewed the applicant’s response and determined the following:
`
`
`1.
`
`2.
`
`Applicant’s amended identification and classification of goods is acceptable and made of record,
`therefore the Identification of Goods Requirement and the Clarification of Number of Classes to
`be Registered Requirement are  satisfied; and
`Applicant's additional evidence and arguments against the refusals are not persuasive,
`and  therefore the request for reconsideration is denied and the FINAL Sections 1, 2, & 45
`Refusal, Section 2(e)(1) Refusal in the alternative, and Section 2(f) Refusal, are  maintained and
`continued. See 37 C.F.R. §2.64(b); TMEP 715.03(a)(2)(B), (a)(2)(E), 715.04(a)
`
`
`APPLICANT'S REQUEST FOR RECONSIDERATION IS HEREBY DENIED
`
`Applicant’s request for reconsideration is denied.  See 37 C.F.R. §2.63(b)(3). The trademark
`examining attorney has carefully reviewed applicant’s request and determined the request did not: (1)
`raise a new issue, (2) resolve all the outstanding issue(s), (3) provide any new or compelling evidence
`with regard to the outstanding issue(s), or (4) present analysis and arguments that were persuasive or
`shed new light on the outstanding issue(s). TMEP §§715.03(a)(ii)(B), 715.04(a).  
`
`In the Request for Reconsideration, the applicant presented additional evidence and arguments against
`the Sections 1, 2, & 45 Refusal, Section 2(e)(1) Refusal in the alternative, and Section 2(f) Refusal.
`Applicant’s additional evidence and arguments are unpersuasive as explained below.
`
`First, the applicant argues that the sophistication of the relevant purchasers merits further
`consideration in determining whether the mark is generic. This is an incorrect interpretation of the
`relevant case law.  The fact that the relevant consumers are sophisticated or knowledgeable in a
`particular field does not necessarily mean that they are sophisticated or knowledgeable in the field of
`trademarks. TMEP §1207.01(d)(vii); see, e.g., Stone Lion Capital Partners, LP v. Lion Capital LLP,
`746 F.3d. 1317, 1325, 110 USPQ2d 1157, 1163-64 (Fed. Cir. 2014); Top Tobacco LP v. N. Atl.
`Operating Co., 101 USPQ2d 1163, 1170 (TTAB 2011).  Although the applicant's consumers may be
`sophisticated scientists and researchers, the relevant question is what do they understand about whether
`the applied-for mark is a generic term for the goods.  In re Cordua Rests., Inc., 823 F.3d 594, 599, 118
`USPQ2d 1632, 1634 (Fed. Cir. 2016) (citing H. Marvin Ginn Corp. v. Int’l Ass’n of Fire Chiefs, Inc.,
`782 F.2d 987, 990, 228 USPQ 528, 530 (Fed. Cir. 1986)); TMEP §1209.01(c)(i). Applicant's arguments
`that the sophistication of the relevant purchasers in the field of science and research somehow makes
`them immune to generic confusion is unsupported by any case law. A term that is generic for a specific
`good remains generic for that good regardless of the knowledge and sophistication of the consumers
`within the field of use. 
`
`Second, applicant submits numerous exhibits showing use of the applied-for mark NF-LIGHT being
`used as a source identifier. 
`
`As a preliminary matter, all exhibits except for Exhibits H, J, and W are objected to by the examining
`attorney.  As evidence against the refusal, applicant has provided screenshots or printouts of scientific
`articles from online webpages that do not specify the date it was downloaded or accessed and the
`
`

`

`complete URL. To properly introduce Internet evidence into the record, an applicant must provide (1)
`an image file or printout of the downloaded webpage, (2) the date the evidence was downloaded or
`accessed, and (3) the complete URL address of the webpage. See In re I-Coat Co., LLC, 126 USPQ2d
`1730, 1733 (TTAB 2018); TBMP §1208.03; see TMEP §710.01(b). Accordingly, these webpages
`cannot be considered.  These exhibits are clearly webpage articles as many of them include hyper-links
`and/or other indications that the articles come from online sources. For example: 1) Exhibit 1 contains a
`link entitled “OPEN” directly beneath the article title on Page 1; 2) Exhibit B does contain a URL at the
`bottom of each page, however there is no date of access; 3) Exhibit C contains a link that states “check
`for updates” at the top of the first page; 4) Exhibit D contains a link that states “check for updates” at
`the top of the second page; 5) Exhibit E contains a heading “Contents lists available at ScienceDirect”
`which the wording “ScienceDirect” in hyperlink form; 6) Exhibit F the final page contains numerous
`hyperlinks and several of the other pages contain the webpage URL in the footer, but lacks the date
`printed/accessed; 7) Exhibit G contains the URL in the header of the first page but not date
`printed/accessed; 8) Exhibit I contains a link that states “check for updates” at the top of the first page
`and contains a URL on the header line of most pages, but no date printed/accessed. Only exhibits H and
`J appear to contain both the relevant URL and the date printed. Exhibit W appears to be the only article
`without any indication that it was obtained online, however, to the extent the article was obtained
`online, the objection is extended to this exhibit as well.
`Although these exhibits are not properly submitted and therefore cannot be considered, in the event the
`Board overrules such objection, the exhibits fail to prove that the term NF-LIGHT is not generic.
`
`First, limited evidence that some sources may recognize the term NF-LIGHT as a source identifier does
`not overcome the previous evidence of generic use. There is no balancing test for a generic refusal that
`states that if there are more pieces of evidence showing source-identifier use than generic use then the
`refusal is obviated. Moreover, the Court of Appeals for the Federal Circuit and Trademark Trial and
`Appeal Board have long recognized that the USPTO has limited resources for obtaining evidence when
`examining applications for registration; the practicalities of these limited resources are routinely taken
`into account when reviewing a trademark examining attorney’s action. See In re Pacer Tech., 338 F.3d
`1348, 1352, 67 USPQ2d 1629, 1632 (Fed. Cir. 2003) (citing In re Loew’s Theatres, Inc., 769 F2d 764,
`768, 226 USPQ 865, 868 (Fed. Cir. 1985)); In re Mr. Recipe, LLC, 118 USPQ2d 1084, 1087 n.4
`(TTAB 2016) (quoting In re Budge Mfg., Inc., 857 F.2d 773, 775, 8 USPQ2d 1259, 1260-61 (Fed. Cir.
`1988)); TBMP §1208 nn.2 & 10.  Therefore, an applicant cannot overcome a refusal by overloading the
`record with evidence beneficial to their arguments and arguing more evidence on their side.
`Second, a close examination of some submitted pieces of evidence clearly show the authors of the
`articles are, at a minimum, confused whether the term NF-LIGHT is generic or a source identifier. In
`Exhibit B for example, the following section has been highlighted on page B under “Introduction”:
`
`
`Neurofilaments (NFs) are the main structural proteins of neurons and are members of the class
`IV intermediate filament protein family. NFs are selectively expressed in the nervous system and
`are found at the highest levels in long projection axons. They are composed of four subunits,
`namely NF light (NFL), NF medium (NFM), and NF heavy (NFH) chain subunits plus an
`unstable alpha‐internexin sub‐unit.
`
`
`[emphasis added]. In this paragraph, the authors are clearly using the term NF LIGHT as a generic
`term to refer to one of the four subunits of neurofilaments. There is no mention of the applicant nor of a
`testing kit of any type. Whether the authors later use the registration symbol in connection with the
`term NF-LIGHT when referring to the applicant's kits is irrelevant. The authors have already shown in
`their introduction paragraph that such term is generic for the name of a neurofilament subunit
`(particularly the one which the applicant's kit detects). The confusing usage of the term as both a
`
`

`

`generic term in the introduction and as an attempted source identifier in the same article is a prime
`example of why the applicant's mark must be refused, to both avoid a similar confusion and to allow
`others to use the generic term when referencing similar goods. 
`
`Similar confusing usage can be found in exhibit C which contains the following wording under
`“Introduction”:
`
`
`Neurofilaments (Nfs) are major structural elements of neurons that are specifically expressed in
`axons and dendrites. They are heteropolymers composed of four subunits: the triplet of the Nf
`light (NfL), medium (NfM) and heavy (NfH) chain, and either α-internexin in the central or
`peripherin in the peripheral nervous system
`[emphasis added]. Again in this article, the authors are clearly using the term NF LIGHT as a generic
`term to refer to one of the four subunits of neurofilaments. There is no mention of the applicant nor of a
`testing kit of any type.
`
`Third, several of the articles appear to be either written by individuals connected to the applicant and/or
`by individuals who received applicant's testing kits for free, almost certainly in exchange for
`referencing NF-LIGHT as a source identifier in their articles. For example, exhibit C states one of the
`authors is an employee of the applicant in the “Conflict of Interest” section of the article, and in exhibit
`D the “Acknowledgments” sections specifies that all the testing kits were donated by the applicant.
`Therefore, these articles do not show unbiased third-party use of the wording NF-LIGHT as a source
`identifier, but merely evidence that the applicant believes that the mark identifies source and has
`influenced certain articles as such. 
`Not every designation that appears on a product or its packaging functions as a trademark, even though
`it may have been adopted with the intent to do so. See In re Peace Love World Live, LLC, 127 USPQ2d
`1400, 1404 (TTAB 2018) (citing In re Pro-Line Corp., 28 USPQ2d 1141, 1142 (TTAB 1993)). A
`designation can only be registered when purchasers would be likely to regard it as a source-indicator
`for the goods. See In re Manco, Inc., 24 USPQ2d 1938, 1941 (TTAB 1992) (citing In re Remington
`Prods. Inc., 3 USPQ2d 1714, 1715 (TTAB 1987)); TMEP §1202.
`
`Finally, the applicant argued that the examining attorney failed to carry the burden of the evidence in
`light of the additional evidence submitted by the applicant and that doubt should be resolved in favor of
`the applicant. Again,  the Court of Appeals for the Federal Circuit and Trademark Trial and Appeal
`Board have long recognized that the USPTO has limited resources for obtaining evidence when
`examining applications for registration; the practicalities of these limited resources are routinely taken
`into account when reviewing a trademark examining attorney’s action. See In re Pacer Tech., 338 F.3d
`1348, 1352, 67 USPQ2d 1629, 1632 (Fed. Cir. 2003) (citing In re Loew’s Theatres, Inc., 769 F2d 764,
`768, 226 USPQ 865, 868 (Fed. Cir. 1985)); In re Mr. Recipe, LLC, 118 USPQ2d 1084, 1087 n.4
`(TTAB 2016) (quoting In re Budge Mfg., Inc., 857 F.2d 773, 775, 8 USPQ2d 1259, 1260-61 (Fed. Cir.
`1988)); TBMP §1208 nn.2 & 10.  Moreover, in the present case, the previous evidence of record leaves
`no doubt that the mark is generic.  However, the examining attorney has attached additional evidence of
`generic usage of the term NF-LIGHT to offset the applicant's arguments that a higher burden of
`evidence is necessary based on applicant's own additional evidence. See attached evidence.
`
`Therefore, the applicant’s additional evidence and arguments are not persuasive and the request for
`reconsideration is denied and the FINAL refusal is maintained and continued as to the  Sections 1, 2,
`& 45 Refusal, Section 2(e)(1) Refusal in the alternative, and Section 2(f) Refusal.
`
`RESPONSE GUIDELINES
`
`

`

`
`If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will
`be notified to resume the appeal.  See TMEP §715.04(a).  
`
`If applicant has not filed an appeal and time remains in the six-month response period, applicant has
`the remainder of that time to (1) file another request for reconsideration that complies with and/or
`overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to
`the Board. TMEP §715.03(a)(ii)(B). Filing a request for reconsideration does not stay or extend the
`time for filing an appeal.  37 C.F.R. §2.63(b)(3); See TMEP §715.03(c).
`
`
`/Lyal Fox/
`Lyal Fox
`Trademark Examining Attorney
`Law Office 113
`(571) 270-7884
`lyal.fox@uspto.gov
`
`
`
`

`

`Novus Biologicals uses cookies to provide you with a great website experience. By continuing to use this website you acknowledge this andagreeto our cookiepolicy.
`Support: 1-888-506-6887| technical@novusbio.com
`Itemsin Cart (0) Quick Order UnitedStat
` signin or register
`NOVUS
`CpNOVUS | Enter Catalog #, Protein, or Keywords
`| Ey
`a bietechnebrand
`PUTTaL
`Lite
`Ptece
`UCTTrae)
`PericlTi ee)
`Contact
`
`Home » NF-L » NF-L ELISA Kits » Mouse NF-L ELISA Kit (Colorimetric)
`Mouse NF-L ELISA Kit (Colorimetric)
`
`
`
`® Submit a Review
`Images
`
`|
`
`ie
`
`e
`Image 1 of 1
`(2 Enlarge)
`ELISA: Mouse NF-L ELISA Kit
`(Colorimetric) [NBP2-80299] -
`Standard Reference Curve
`
`Product Details
`erm
`
`Reactivity
`Applications
`Suitable
`sample
`Type
`Standard
`curve
`Range
`Sensitivity
`
`Mu Species Glossary
`ELISA
`Serum,plasmaandother
`biological fluids
`0,156-10 ng/mL
`
`0.094 ng/mL
`
`ELISA
`
`
`
`
`
`
`
`
`Datasheet
`
`
`Mouse NF-L ELISAKit (Colorimetric) Summary
`Customers Who Bought This Also Bought
`Standard Curve Range
`0156-10 ng/mL
`Sensitivity
`0,094 ng/mL
`Assay Type
`Sandwich-ELISA
`Inter-Assay
`CV% < 4.95%
`Intra-Assay
`CV% < 4.85%
`Spike Recovery
`B8-105%
`Sample Volume
`100 ul
`Kit Type
`ELISAKit (Colorimetric)
`Gene
`NEFL
`Applications/Dilutions
`Dilutions
`
`Order Details
`Size / Catalog#
`NBP2-80299
`aa
`
`Qty
`
`[__]
`
`Price
`
`$599.00
`7-9 Business Days|
`
`
`Shipping $45.00 per order
`
`fqeete
`r Cj
`
`100% Guarantee on every product
`
`Saas
`
`ocean
`
`aion
`Novus USA
`Phone: 1-888-506-6887
`Phone: 303-730-1950
`Fax: 303-730-1966
`Email: novus@novusbio.com
`
`
`
`le
`
`

`

`> See More
`t
`
`
`
`Manual - Mouse NF-L ELISA Kit
`(Colorimetric)
`
`f i
`
`PDF Datasheet
`
`
`
`Be thefirst to review our Mouse NF-L ELISA Kit
`(Colorimetric) and receive a gift card or discount,
`tet oe
`
`Gene Symbol
`
`EFL
`
`
`
`
`
`
`
`No significant cross-reactivity or interference between Mouse NF-L and analogues
`was observed.
`
` Storage
`Storage of componentsvaries. See protocol for specific
`instructions,
`
`Components
`
`1, Biotinylated Detection Ab Diluent
`2. Certificate of Analysis
`3, Concentrated Biotinylated Detection Ab (100X)
`4, Concentrated HRP Conjugate (100%)
`5. Concentrated Wash Buffer (25X)
`6. HRP Conjugate Diluent
`7. Micro ELISA Plate(Dismountable)
`8. Plate Sealer
`9, Product Description
`10, Reference Standard and Sample Diluent
`11, Reference Standard
`12, Stop Solution
`13. Substrate Reagent
`
`
`
`= 68 kDa neurofilament protein
`* CMT2E
`« NEFL
`* neurofilamentprotein,light chain
`* neurofilament subunit NF-L
`= Neurofilamenttriplet L protein
`= neurofilament, light polypeptide
`* neurofilament-light
`= NF6S
`+ NF6SFLIS3642
`* NFL
`» NF-L
`NFLlight polypeptide 68kDa
`
`Neurofilaments are 10nm intermediate filamentproteins located in vertebrate
`neurons, which regulate axonal diameter. They are composed predominantly of the
`three major neurofilamentproteins:
`NF-Medium and NF-Heavy. NF-L is the
`light or low molecular weight polypeptide, and it runs on SDS-PAGE gels at about
`68kDa, with some size variation in across species.
`Antibodies to NF-L maybe used to identify NF-L in neurons andto study neuronal
`processes in tissue sections and/or culture. NF-L antibodies canalso be usedto
`study microfilament accumulations seen in many neurological diseases, such as Lou
`Geri's disease or Alzheimer's disease.
`
` This product is for research use only and is not approved for use in humans or in
`clinical diagnosis. ELISA Kits are guaranteed for 6 months from dateof receipt.
`
`NRAAN-12
`
`NBANA-13S
`
`

`

`
`
`
`
`4
`

`
`4
`
`>
`
`
`[i (o Pubiications)
`BB (20 Pubtications)
`Species: By, Ch, Eq, Hu, Mu, Po,
`Species: Bv, 9, Hu, Mu, Po, Rt
`Rt
`Applications: ELISA, ICC/IF, IHC-
`Applications: ICC/IF, IHC, IHC-Fr,
`WhMt, IHC, IHC-Fr,
`IHC-P, Invitro,
`IHC-P, KO, WB
`we
`
`
`
`ellie
`
`Popular Products
`Antibodies
`Secondary Antibodies
`Isotype Controls
`Proteins and Peptides
`Sample Size
`ELISA Kits
`New Products
`
`Company Information
`‘About Us
`Careers
`Novus Guarantee
`Contact Us
`Our Team
`
`Support
`Technical Support
`FAQs
`BioInformatics
`Help Finding Antibodies
`Protocols
`
`Stay Connected
`Neweetter taaue
`Find us on Facebook
`Follow us on Twitter
`Watch us on YouTube
`Connectwith us on
`LinkedIn
`Connectwith us on
`Instagram
`10730 E. Briarwood Avenue,Building IV Centennial CO 80112
`USA Office Novus Biologicals, LLC
`Phone: 1-888-506-6887 | novus@novusbio.com| Fax: 203-730-1966
`Office Hours: 8am-8pm EST Monday-Thursday,
`8am-7pmESTFriday
`
`
`
`go
`
`isit ourothersites
`
`TOCRIS oo) bidspacttic
`EFNOVUS
`RDsvsnms
`bietechne
`
`Privacy Policy | Sitemap |Contact Us | Terms & Conditions
`©2021 NovusBiologicals, All Rights Reserved.
`
`
`
`

`

` \ ScienceDirect
`
`Journals & Books ao
`
`USPatent & Trademark Office-
`
`STIC
`
`Neurofilament Protein
`
`Related terms:
`
`Naee To
`
`Addto Mendeley
`
`BTeCore RhaBy
`
`NYcar ota
`
`Immunohistology of Neoplasms of Soft
`Tissue and Bone
`
`David J. Dabbs MD,in Diagnostic Immunohistochemistry, 2019
`Neurofilament Proteins
`NFPs are composedofthree basic subunits with molecular weights
`of 68, 150, and 200 kD; hence,they are largerthan all other IFPs.
`Each NFP appears to be a separate gene product, rather than a
`derivative of the other two.?? Expression ofthis family ofIFPs is
`correlated with differentiation of neurogenicblastcells into
`committed neurons in the developing embryo orin neoplasia, and
`eachisoformis differentially expressed in different types of
`neurons.?4?5 Another peculiarity of NFPs that is shared only by GFAP,
`another intermediatefilament,is that each of the three
`neurofilament isoforms maybe either phosphorylated or
`nonphosphorylatedin vivo.?° Therefore antibodies to the NFPs may
`be specific for only one of those two configurations.?”8
`MIRE CSbus 2 mUSEee eee ee
`
`Immunohistology of Soft Tissue and
`Osseous Neoplasms
`Mark R. Wick, Jason L. Hornick, in Diagnostic
`Immunohistochemistry (Third Edition), 2011
`NEUROFILAMENT PROTEINS
`Neurofilament proteins are composed of three basic subunits with
`molecular weights of 68 kD, 150 kD, and 200 kD,°°° hence they are
`clearly larger thanall other IFPs, Each NFP appears to be a separate
`gene product, rather thanderivatives of the other two.*” Expression
`ofthis family of IFPs is correlated with the differentiation of
`neurogenicblast cells into committed neuronsin the developing
`embryo or in neoplasia.*®°? Another peculiarity of NFPsthat is not
`shared by other intermediate filament classes, except for GFAP,is
`that each of the three neurofilament isoforms may beeither
`phosphorylated or nonphosphorylated in vivo.© Correspondingly,
`antibodies to the NFPs maybespecific for only one of those two
`configurations.°}6?
`
`
`
`

`

`INPRS 1UfTT a frajor COMpONeNt OF Une CYLOSKeIELOT! OF neUrUnS anu
`their axons. Expression is not seen in normal epithelium. Practically
`speaking, NFPs are generally not well detected in FFPE tissue, even
`with modern IHC methods and commercial antibodies. Among
`these, the Sternberger Monoclonal, Inc. (SMI) series of monoclonal
`antibodies*® and clone 2F11 are probably the most consistently active
`against routinely processed surgical pathology specimens. Among
`soft tissue neoplasms, NFP staining demonstrates axons in
`neurofibroma and ganglioneuroma; in the latter tumor, ganglion
`cells will also be positive for NFP. Neuroblastomaandits variants also
`express NFP, as do paragangliomas/pheochromocytomas and a
`subset of neuroendocrine tumors; the presence of a perinuclear dot-
`like pattern of staining is characteristically found in Merkel cell
`carcinoma,in which it may be a helpful diagnostic feature.?°-?3 NFP
`expression in other sarcomasis very limited.
`
`
`Practically speaking, NFPs are generally not well detected in formalin-
`fixed, paraffin-embeddedtissue, even with modern
`immunohistochemical methods and commercial antibodies. Among
`these, our experience has beenthat the SMI series of monoclonal
`antibodies® is most consistentlyactive against routinely processed
`surgical pathology specimens.It is known that among softtissue
`neoplasms, neuroblastomavariants, ganglioneuromas,
`
`paragangliomas, and metastatic neuroendocrine carcinomas are the
`onlylesions that are potentially labeled for NFPs.°*©”
`Purchase book
`
`‘The Primate Nervous System,Part II
`J.H. Morrison, ... G.W. Huntley, in Handbook of Chemical
`Neuroanatomy, 1998
`
`Immunohistology of the Mediastinum
`David J. Dabbs MD, in Diagnostic Immunchistochemistry, 2019
`Neuroectodermal Tumorsof the Mediastinum
`Although the majority of neuroectodermal-derived neoplasms occur
`in the posterior mediastinum,rarely these tumors mayarise in
`association with the thymus orin other compartments of the
`mediastinum, Neural tumors of the mediastinum derived from
`Schwann cells include neurofibroma, schwannoma(Fig. 11.12A), and
`their malignant counterpart, malignantperipheral nerve sheath
`8.2.2.6 The prefrontal cortex (areas FEF, SEF, 45 and 46)
`tumor (MPNST). Both neurofibromas and schwannomasexpress
`In neurofilament protein-stained sections, the frontal eye field (FEF)
`
`$100 protein, although schwannomasdo so morediffusely and
`is a distinct cortical area in the anterior wall of the posterior portion
`of the prearcuate gyrus,at the level ofthe spur of the arcuate sulcus.
`consistently than neurofibromas(seeFig, 11.12B).”° In addition,
`
`neurofibromas can show reactivity for neurofilament protein (NFP)
`The supplementary eye field (SEF) represents a transition zone
`
`and also CD34in a characteristic “fingerprint” pattern, and a subset
`between areas 6 and 9 on the superior aspectofthe frontalcortex,
`of schwannomascan also show immunoreactivity for glial fibrillary
`dorsal to the ascending branch ofthe arcuate sulcus. The FEF and
`acidic protein (GFAP), podoplanin,calretinin, SOX10, and,very rarely,
`SEF showdistinct neurofilament protein immunoreactivity patterns
`in both layerIll and V, compared to premotor area 6 and prefrontal
`CK.7°-173 MPNST shows a very similar IHC phenotype, however,
`expression of $100 protein is usually more focal, and this is true also
`areas 9, 45 and 46. The FEFis characterized by a diffuse population of
`labeled pyramidal neurons in layers V and VI that outnumberthose in
`for NFP, podoplanin, and SOX10.”° A rare tumor commonly
`
`layerIII. Layer V contains somelarge isolated neurofilament protein- associated with neurofibromatosis type1(NF1) is an MPNST with
`immunoreactive cells, however smaller and less numerous than those
`heterologousdifferentiation in the form ofskeletal muscle, the so-
`observedin area 6. Thestaining pattern oflayerIll is comparable to
`called malignant Triton tumor. The rhabdomyosarcomatous elements
`
`that in area 6. The border between the FEF and areas 46 and 45is
`in this tumor can beidentified by using desmin, MyoD1, MSA, and
`well visible due to much lower numbers of neurofilament protein-
`myogenin in keeping with skeletal muscle differentiation7*
`
`

`

`immunoreactive neurons in layers V-VI ofthelatter regions. Areas 45
`and 46 display comparable populations of intermediate-to-large
`neurofilament protein-immunoreactive pyramidal neurons in both
`layers Ill and V-VI, with area 46 having higher neuron countsin layer
`Ill than area 45. The SEF is characterized by very high numbersof
`neurofilament protein-immunoreactive neurons in layerIll, and cell
`counts in layers V-VI comparable to those in the FEF. Thestaining
`pattern in area 9 is comparable to that in the SEF, with intermediate
`size pyramidal neuronsin supra- and infragranular layers. However,
`the SEF has much higher neurofilament protein-immunoreactive
`neuron counts than areas 9 and 6.
`
`The FEF and the SEFare involved in smooth eye movements and
`target selection during saccadic eye movements, and are
`characterized by distinct cytoarchitecture (Huerta et al. 1987; Stanton
`et al. 1989; Gottlieb et al. 1993; Schall and Hanes 1993), and both
`fields have quite similar connectivity patterns with cortical areas and
`subcortical structures (Parthasarathyet al. 1992; Schlag and Schlag-
`Rey 1992; Schall et al. 1993a,b; Stanton etal. 1993). Interestingly,
`these two visuomotorregions exhibit a very similar staining pattern
`with neurofilament protein, with a much higher density of labeled
`neuronsin the infragranular layers than observed in the othervisual
`areas. A comparably high density of neurofilament protein-
`immunoreactive neurons in the deeplayers is also present in the
`ventrally located area 45. The inferior convexity of the frontal cortex
`part of area 45 may,in fact, include the lateralmost aspect of the FEF.
`It is interesting to note that the laminar density of neurofilament
`protein-containing cells is much lower in area 45 than in FEF,
`permitting the definition of the boundary between thesefields. Areas
`46 and 45 are strongly connected to the frontal eye fields (Huerta et
`al. 1987; Huerta and Kaas 1990; Stantonet al. 1993), and may
`represent the frontal extension of the occipitoparietal and
`occipitotemporal pathways (Bachevalier and Mishkin 1986; Funahashi
`et al. 1990, 1991, 1993; Wilson et al. 1993).
`
`Purchase book
`
`Amyotrophic Lateral Sclerosis: Idiopathic
`
`Ganglioneuroma, ganglioneuroblastoma, and neuroblastomaare
`anotherset of neoplasmsthat can arise in the mediastinum,
`primarily in the posterior compartment. These tumors mainlyaffect
`children and young adults but have also been described in older
`patients.!75-1”8 Whereas ganglioneuromarepresents the benign
`matureendofthis spectrum of tumors, neuroblastoma formsthe
`malignant immature one. Ganglioneuromas are composed oftwo
`cell types, spindle cells and ganglioncells. The spindle cell
`componentofthese tumorsusually stains with NFP and $100
`protein.!7%180 NeuN,synaptophysin, and to a lesser extent
`chromogranin A are helpful determinants for the labeling of ganglion
`cells, which may be focal or widely scattered in
`ganglioneuromas.'®°!8! On the other hand, neuroblastomasare
`high-grade tumors composed ofsheets of small round cells and
`
`varying amounts of neuropil that can easily mimic other small round
`cell neoplasms such as rhabdomyosarcoma,primitive
`neuroectodermal tumor (PNET), or lymphoma.The small roundcells
`in neuroblastoma show variable reactivity for NSE, NFP,
`
`chromogranin A, synaptophysin, CD57, and CD56.178:182-184 |,
`addition, NB84 is a monoclonal antibodyraised specifically against
`neuroblastoma;althoughit is not specific for that neoplasm,this
`marker is positive in the great majority of neuroblastic tumors.18518
`Neuroblastomasare universally devoid of markers of myogenous
`differentiation (desmin, MyoD1, and myogenin), hematolymphoid
`lineage (CD45), and epithelial differentiation (CK, EMA, or CD99).
`hapter on Clin
`
`Immunohistology of Skin Tumors
`David J. Dabbs MD, in Diagnostic Immunohistochemistry, 2019
`Endocrine Tumors
`Primary cutaneous neuroendocrine carcinoma wasoriginally referred
`to astrabecular carcinomaofthe skin orTokercell carcinoma, butit is
`mostly known asMerkelcell carcinoma. Some authors have postulated
`that MCC displays neurotactile differentiation that emulates Merkel
`cells of the normalskin and oral mucosa. Nonneoplastic Merkelcells
`
`

`

`and Inherited
`
`Nicholas J. Maragakis MD,Jeffrey D. Rothstein MD, PhD,in
`Neurobiology of Disease, 2007
`C. Intermediate Filaments and ALS
`Neurofilament (NF) proteins represent the majority of cytoskeletal
`proteins that are present in motor neurons. These proteins play a
`significant role in determining the shapeofcells, caliber of axonal
`projections, and maintenanceof axonaltransport. Threedistinct
`
`neurofilament protein subunits exist, differing in molecular weight:
`NF-heavy, NF-medium, and NUFSU@HE. Structurally the NFelight
`subunit forms the core of the neurofilament around which the two
`larger subunits associate and contribute to the side arm projections
`radiating from the filament. Assembly ofthefilaments occurs in the
`motor neuron cell body, where they are then transported downthe
`axon [51]. Abnormal synthesis offilament units and the accumulation
`of these proteins in the cell body and proximal axons of motor
`neuronsis a hallmark pathological feature of the disease, observed in
`both familial and sporadic cases of ALS in patients as well as in SOD1
`mutant mice. Currently,it is unclear whether accumulation of
`neurofilaments occurs as a result of axonal transport blockade or
`whether(conversely) the build-up of protein leads to secondary
`impairmentof axonal transport. Excessive phosphorylation of
`neurofilaments [52-54] has been suggested as a factor affecting
`axonal transport, with some studies demonstrating an increase in
`perikaryal expression of phosphorylated filaments in ALS cases, but
`this finding has been refuted and remains inconclusive [55].
`Immunoreactivity of antibodies to neurofilament epitopes has also
`been shownin ubiquitinated inclusions with compact or Lewy body-
`like morphology in residual motor neurons in ALS cases[56]. Under
`normal physiological conditions, the covalent addition of ubiquitin to
`cellular proteins usually marks them for degradation by an ATP-
`dependent, non-lysosomalproteolytic system. In several cases of
`SOD1-related FALS, the detection of both nonphosphorylated and
`phosphorylated neurofilaments in dramatic hyaline conglomerate
`inclusions has beenrevealed within the perikarya and axons of motor
`neurons [56,57].
`In a mannersimilar to SOD1,the identification of genetic mutations
`
`and the use of transgenic animals have provided evidence that
`malielwelrs icakelimnanlarennn Poalahenmatananncmwt
`
`are reactive for CK20, CG, MOC-31, neurofilament protein (NFP),
`
`CD56, met-enkephalin, vasoactive intestinal polypeptide (VIP), and
`bloodgroupantigen Pr(h), but in general, they appear to lack the
`ability to synthesize other endocrine determinants consistently.
`
`Malignant Merkelcells may express keratins (with pankeratin
`
`cocktails), CK20, NFP, CD15, CD56, CD57, EMA, MOC-31 antigen,
`
`BerEP4 antigen, chromogranin A,calcitonin, somatostatin,
`adrenocorticotropic hormone (ACTH), VIP, pancreatic polypeptide,
`and substance P.’®*°|t has also been suggested that MCCis closely
`related to sweat gland carcinomas, because rare MCClesions show
`glandular or squamousdifferentiation.
`Duetoits capacity for diffuse or medullary patterns of growth andits
`uniform, occasional dyshesive small cell constituency, MCC is
`potentially mistaken for lymphoma and leukemia cutis. Although
`leukemia/lymphoma and MCC may express PAXS and terminal
`deoxynucleotidyltransferase (TdT),°!*? lymphomais reactive for
`
`CD45, whereas MCCis not. Moreover, keratin filaments in MCCs are
`often clustered in the perinuclear cytoplasm and yield a characteristic
`“dot” of chromogenic precipitate (Fig. 13.13), also seen in other
`markers(e.g., synaptophysin and chromogranin). Such an imageis
`simultaneously diagnostic of epithelial and neuroendocrine
`differentiation in a small cell cutaneous neoplasm.
`Histologi

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket