Ex parte EPSTEIN et al. - Page 4




                 Appeal No. 96-2137                                                                                                                     
                 Application 07/668,920                                                                                                                 



                 of the specification as follows:                                                                                                       
                          [T]he antibody has been selected by screening a library of antibodies that                                                    
                          have been generated to insoluble intracellular antigen and selecting                                                          
                          those antibodies that are specific to insoluble intracellular antigen present                                                 
                          in both neoplastic and normal cells, but not to antigen released into the                                                     
                          general circulation upon cell death or to antigen on the exterior of living                                                   
                          cells.                                                                                                                        
                 The specification also describes the antigens to which the present antibodies                                                          
                 bind at page 7, lines 2-13, as follows:                                                                                                
                          Upon cell death and lysis in an animal, soluble components of the cell,                                                       
                          primarily from the cytoplasm, are released.  The remainder of the necrotic                                                    
                          cell comprises a “cell ghost” made up of various generally insoluble                                                          
                          materials that remain “fixed” in situ in the tissue.  The insoluble cell ghost                                                
                          is gradually destroyed by phagocytosis and enzymatic degradation.  At                                                         
                          least a portion of the cell ghost remains intact for as long as several                                                       
                          weeks.  It has been discovered that certain intracellular cell ghost                                                          
                          constituents are antigenic.  These antigens include nuclear antigens,                                                         
                          structural elements, and organelles.                                                                                          
                 The initial screening procedure used in the present invention in order to make a                                                       
                 first determination of antibodies which would be candidates for use in the present                                                     
                 invention is described at page 8, lines 15-32, of the specification as follows:                                                        
                          In order to screen for monoclonal antibodies that bind specifically to cell                                                   
                          ghosts with little or no binding to live cells, equal aliquots of normal and                                                  
                          neoplastic live cells are prepared.  To obtain cell ghosts, one aliquot each                                                  
                          of neoplastic and normal cells is subjected to several rapid freeze-thaw                                                      
                          cycles, and is then washed with buffer to remove soluble components.                                                          
                          The ability of monoclonal antibody from each tested culture to bind,                                                          
                          respectively, the cell ghosts and the intact cells is then quantitatively                                                     
                          measured.  One appropriate measurement technique is a                                                                         
                          radioimmunoassay.  Thus, when using murine monoclonal antibody,                                                               
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