Appeal No. 1997-3945
Application No. 08/410,390
component having a biotin-binding element conjugated to a
biotinylated moiety" wherein the biotinylated moiety is
defined in Markush group format. We think it clear that claim
17, by its very terms, requires that the immunoconjugate be
preformed, i.e., "coupled through the avidin-biotin
interaction," before the immunoconjugate is administered to a
human.
As previously discussed, Goodwin discloses sequentially
administering the avidin-containing binding protein, the
clearing agent, and the biotinylated compound disclosed
therein. In the passage at page 5, lines 50 through 52,
Goodwin makes clear that these components are administered
sequentially:
According to an important advantage of the
method, the binding protein is delivered in non-
complexed form, i.e., without bound biotinylated
compound so that the treated individual is not
exposed to the compound during the extended period
of protein localization at the tumor site.
Likewise, Martinez discloses sequentially administering
biotin-coupled anti-mouse cell surface antibodies and avidin-
diphtheria toxin. See Martinez, page 377, first full
paragraph.
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