Ex parte MEZES et al. - Page 2




              Appeal No. 1996-2013                                                                                     
              Application No. 07/935,695                                                                               



                                              DECISION ON APPEAL                                                       
                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1, 3, 4, 8             
              through 18, 21 and 23 through 25.  Claims 19 and 20, the only other claims remaining in                  
              the application, have been withdrawn from consideration by the examiner.                                 
                     Claims 1, 3 and 21 are representative of the subject matter on appeal and read as                 
              follows:                                                                                                 
                     1.  A protein comprising a dimer or multimer of single chain polypeptides wherein                 
              the polypeptides are non-covalently linked and each polypeptide comprises (a) a first                    
              polypeptide comprising an antigen binding portion of a variable domain of an antibody;  (b)              
              a second polypeptide comprising an antigen binding portion of a variable domain of an                    
              antibody and (c) a peptide linker linking the first and second polypeptides (a) and (b) into a           
              single chain polypeptide having affinity for an antigen wherein the first and second                     
              polypeptide are from antibody CC49.                                                                      

                     3.  The protein of Claim 1 wherein the first polypeptide is an antigen binding portion            
              of a light chain variable region of an antibody and the second polypeptide is an antigen                 
              binding portion of a heavy chain variable region of an antibody.                                         

                     21.  A method for producing a dimer or multimer of single chain polypeptides                      
              wherein the polypeptides are non-covalently linked and each polypeptide comprises (a) a                  
              first polypeptide comprising an antigen binding portion of a variable domain of an                       
              antibody;  (b) a second polypeptide comprising an antigen binding portion of a variable                  
              domain of an antibody and (c) a peptide linker linking the first and second polypeptides (a)             
              and (b) into a single chain polypeptide wherein the first and second polypeptide are from                
              antibody CC49, the method comprising:                                                                    
                     (I)  providing a genetic sequence coding for a single chain polypeptide;                          

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