Appeal No. 96-2137
Application 07/668,920
Carbonari et al. (Carbonari), “Detection and Characterization of Apoptotic Peripheral
Blood Lymphocytes in Human Immunodeficiency Virus Infection and Cancer
Chemotherapy by a Novel Flow Immunocytometric Method,” Blood, vol. 83, no. 5, pp.
1268-77 (1994)
The reference relied upon by appellants is:
Epstein et al. (Epstein ), “Radioimmunodetection of Necrotic Lesions in Human Tumors
Using I-131 Labeled TNT-1 F(ab’)s Monoclonal Antibody,” Antibody,
Immunoconjugates, and Radiopharmaceuticals, vol. 4, no. 2, pp. 151-62 (1991)
Claims 18, 19, 21 through 28, and 41 stand rejected under 35 U.S.C. § 112, first
paragraph, as being nonenabled. We vacate and enter a new ground of rejection
under 37 CFR § 1.196(b).
BACKGROUND
Appellants describe their invention at page 4, lines 19-27 of the specification as
follows:
The present invention exploits the observation that antibodies to
insoluble intracellular components of cells can be administered in such a
way as to show preferential localization to neoplastic cells in vivo, in spite
of the known fact that the relevant antigens also are present in known fact
that the relevant antigens also are present in normal cells. Such
localization is based upon the demonstrated abnormal permeability of a
proportion of cancer cells, as well as the specificity and character of the
antibody.
The antibodies of the present invention are also described at page 6, lines 15-21,
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