Appeal No. 1997-3945
Application No. 08/410,390
Internalization of the immunoconjugate is evidenced by its
ability to transfer toxin (of the biotinylated moiety) into a
receptor cell where it is capable of inducing cytotoxicity,
thus demonstrating successful binding of the components
through the avidin-biotin interaction. We find no language in
claims 1 through 4, however, requiring that appellants'
immunoconjugate be preformed. The claims "read on" an
immunoconjugate coupled through the avidin-biotin interaction
after the sequential administration of an internalizable cell
binding component having a biotin-binding element and a
biotinylated moiety. Stated another way, claims 1 through 4
embrace an immunoconjugate preformed in vitro before the
administration to a human or where the avidin-biotin
interaction takes place in vivo after the administration to a
human.
Goodwin discloses a system for targeting a therapeutic or
diagnostic agent at a specific internal body site, e.g., a
solid tumor. The targeted agent is a biotinylated compound
having a pharmaceutically active therapeutic or diagnostic
moiety (the active moiety). See Goodwin, page 3, last
paragraph. Goodwin discloses that the active moiety may be,
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