Appeal No. 1997-3274 Page 2
Application No. 08/015,248
The references relied on by the examiner are:
Montagnier et al. (Montagnier) WO 86/02383 Apr. 24, 1986
Kennedy et al. (Kennedy) WO 87/02775 May 7, 1987
Roberts-Gurdoff et al. (Roberts-Gurdoff), AHTLV-III-Neutralizing Antibodies in Patients
with AIDS and AIDS-Related Complex,@ Nature, Vol. 316, pp. 72-74 (Jul. 4, 1985)
Morrison, ATransfectomas Provide Novel Chimeric Antibodies,@ Science, Vol. 229, pp.
1202-1207 (Sep. 20, 1985)
THE REJECTION
This case has been returned to the jurisdiction of the board following a remand
to the examiner; the sole issue remaining before us is whether the examiner was
correct in maintaining the rejection of claims 12, 27 and 30 under 35 U.S.C. ' 103 as
unpatentable over Montagnier, Kennedy, Roberts-Gurdoff and Morrison.
DISCUSSION
Claim 12 is directed to a chimeric antibody with a human constant region and a
murine antigen binding region - the antigen binding region is either derived from the
murine antibody BAT123, or binds the same epitope bound by BAT123. Claims 27 and
30 are directed to chimeric antibodies having human constant regions and rodent
variable regions specific for an epitope within a peptide including amino acid residue
numbers 308 to 322 of gp120 of HIV-1B (as designated by the numbering system set
forth in Human Retroviruses and AIDS 1990, Loa Alamos National Laboratory), i.e.,
chimeric antibodies specific for an epitope within the sequence RIQRGPGRAFVTIGK -
the same sequence used to raise BAT123.
Montagnier discloses at least thirty specific amino acid sequences deduced from
the nucleotide sequence of the lymphadenopathy associated virus - one of which has
the sequence LNQSVEINCTRPNNNTRKSIRIQRGPGR. According to Montagnier,
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