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Ex Parte Griffiths - Page 1Legal Research Home > Board of Patent Appeals and Interferences > 2004 > Ex Parte Griffiths - Page 1 Sponsored Links
The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte GARY L. GRIFFITHS
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Appeal No. 2004-1660
Application No. 10/071,247
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HEARD: December 9, 2004
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Before WILLIAM F. SMITH, SCHEINER and GRIMES, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of
claims 9-12 and 16-20. Claims 13-15, also pending, have been objected to.
Claim 9 is representative:
9. A method for detecting a tissue comprising:
(a) administering to a patient a bispecific antibody or antibody fragment
comprising an arm that is specific to a target tissue of the patient and another arm that
is specific to an F-18-labeled peptide or a low molecular weight hapten conjugated to
the F-18-labeled peptide; and allowing the bispecific antibody or antibody fragment to
bind to the target tissue, and the non-targeted bispecific antibody or antibody fragment
to clear;
(b) administering the F-18-labeled peptide or the hapten conjugate thereof to the
patient, and allowing the F-18-labeled peptide or the hapten conjugate thereof to bind to
the bispecific antibody or the antibody fragment, and the unbound F-18-labeled peptide
or hapten conjugate thereof to clear; and
(c) detecting the F-18-labeled peptide, thereby detecting the target tissue.
Claims 9-12 and 16-20 stand rejected under 35 U.S.C. § 112, first paragraph, as
lacking both enablement and adequate written description. We will reverse both of
these rejections.
BACKGROUND
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