Appeal No. 1997-3945
Application No. 08/410,390
Procedural Matters
Several procedural matters warrant attention.
Dependent claims 2 through 4 recite "[t]he non-viral
vector" of claim 1 or claim 3. Independent claim 1, however,
recites "[a]n immunoconjugate" and does not provide antecedent
basis for "[t]he non-viral vector." Accordingly, on return of
this application to the Examining Group, appellants and the
examiner should consider rectifying the above-noted
discrepancy in claim language, e.g., by amending claims 2
through 4 to recite "[t]he immunoconjugate" instead of "[t]he
non-viral vector."
Likewise, dependent claim 3 recites "said cell binding
element" whereas independent claim 1 provides antecedent basis
for "an internalizable cell binding component," not a "cell
binding element." Again, on return of this application to the
Examining Group, we recommend that the discrepancy be
rectified, e.g, by amending claim 3 to recite "said cell
binding component" instead of "said cell binding element."
The same infirmity besets claims 17 and 19.
Also, it appears that claim 20 should depend from claim
19, not from claim 17.
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