Appeal No. 1997-3945
Application No. 08/410,390
antigen selected from the group consisting of . . .
transferrin receptor." We conclude that the subject matter
sought to be patented in dependent claims 2 through 4,
considered as a whole, would have been obvious within the
meaning of 35 U.S.C. § 103 based on the combined disclosures
of Goodwin, Pastan '985, and Pastan (Cell).
The examiner's rejection of claims 1 through 4 is
reversed. For the reasons set forth above, we enter a new
ground of rejection of those claims under 35 U.S.C. § 103 as
unpatentable over the combined disclosures of Goodwin, Pastan
'985, and Pastan (Cell).
Claims 17 through 20
Method claims 17 through 20 differ from product claims 1
through 4 in one significant respect, namely, the former
claims require that appellants' immunoconjugate be preformed.
This follows because independent claim 17 recites a method of
delivering a cytotoxic moiety to a cell comprising "the
administration of an immunoconjugate coupled through the
avidin-biotin interaction to a human, wherein said
immunoconjugate comprises an internalizable cell binding
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