Appeal No. 1997-3945
Application No. 08/410,390
protein kinase C. The cell binding component (element) may
be, for example, a monoclonal antibody. See page 5, third
paragraph of the specification and see dependent claim 3. The
biotin-binding element is any chemical that binds biotin,
e.g., avidin, streptavidin or analogues of avidin or
streptavidin. See page 5, second paragraph of the
specification and see dependent claim 2.
As recited in claim 1 on appeal, the immunoconjugate
comprises an "internalizable" cell binding component coupled
through the avidin-biotin interaction, but the claim does not
require that the immunoconjugate be preformed. The
"internalizable" characteristic is discussed in the
specification, page 12, lines 15 through 18.
The ability of A108-avidin to bind biotin and
internalize into eukaryotic cells can be
demonstrated utilizing a biotinylated protein having
toxic activity
only when internalized into cells (e.g., the plant
protein, gelonin).
The toxicity of appellants' immunoconjugate becomes apparent
when internalization in cells occurs. When the cell binding
component and the biotinylated moiety are coupled through the
avidin-biotin interaction, an immunoconjugate is produced.
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