Appeal 2006-2945
Application 10/041,958
Perera, Isolation and Characterization of Monoclonal Andibodies to Shiga-
LIke Toxin II of Enterohemorrhagic Escherichai coli and Use of the
Monoclonal Antibodies in a Colony Enzyme-Linked Immunosorbent Assay,
26(10) J. Clinical Microbiology 2127-2131 (1988)
Engleman et al. (Engleman), Human lymphoblastoid Cell Lines as Fusion
Partners, in Human Hybridomas and Monoclonal Antibodies, pp. 23-27
(Edgar G. Engleman et al., eds., Plenum Press, New York 1985)
The rejection as presented by the Examiner is as follows:
Claims 26-36 stand rejected under 35 U.S.C § 103(a) as unpatentable
over the combination of Krivan, Perera, Williams, Queen and Engelman.
We affirm.
DISCUSSION
According to Appellants, “[t]here is a related appeal [(Appeal No.
2005-1921)] in Serial No: 10/230,614 filed August 29, 2002, which directly
affects . . . or which may have a bearing on the Board’s decision in this
appeal” (Br. 2). As Appellants point out, a Decision was entered in Appeal
No. 2005-1921 on September 26, 2005 affirming the rejection of claim 1
under 35 U.S.C. § 103, as being unpatentable over the combination of
Krivan, MacLeod, Queen and Engleman (Decision 9). All claims on appeal
in Appeal No. 2005-1921 fell together with claim 1 (id.). For clarity, we
reproduce claim 1 of Appeal No. 2005-1921:
1. A method to prevent or treat hemolytic uremic syndrome in
a human individual exposed to or infected by Escherichia
coli producing Shiga-like toxin II, comprising:
administering intradermally, subcutaneously,
intravenously, or intramuscularly, to an individual
presenting with bloody diarrhea, diagnosed with infection by
3
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