Appeal No. 2004-1930 Page 2
Application No. 08/940,544
(c) a transmembrane domain, wherein the transmembrane
domain is disposed between the single-chain antibody and the
signaling domain.
The examiner relies upon the following references:
Roberts 5,686,281 Nov.11, 1997
Eshhar et al. (Eshhar) WO93/19163 Sep. 30, 1993
Sambrook et al. (Sambrook), Molecular Cloning, A Laboratory Manual, Second
Edition, Cold Spring Laboratory Press, pages 16.9 and 16.11 (1989)
Claims 1 and 2 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Eshhar. Those claims also stand rejected under 35 U.S.C. §
102(e) as being anticipated by Roberts. Finally, claims 1, 2, 6 and 7 stand
rejected under 35 U.S.C. § 103(a) as being obvious over the combination of
either Eshhar or Roberts and Sambrook. After careful review of the record and
consideration of the issues before us, we affirm the above rejections.
DISCUSSION
Claims 1 and 2 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Eshhar. As claims 1 and 2 stand and fall together, see Appeal
Brief, page 3, we focus our analysis on claim 1.
According to the rejection:
a. The claims recite a recombinant polynucleotide encoding
a fusion protein comprising a single chain antibody and a signaling
domain of human CD28 receptor and a transmembrane domain of
human CD28 between the single-chain antibody and the signaling
domain.
b. Eshhar [ ] teach[es] a polynucleotide encoding a fusion
protein comprising a single chain antibody and the transmembrane
and cytoplasmic domain of CD28 (see page 7 and 8 and pages 18-
19).
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