Appeal 2006-2945
Application 10/041,958
Escherichia coli producing Shiga-like toxin II, or exposed to
an individual infected with or exposed to the same source of
infection with Escherichia coli producing Shiga-like toxin II
an effective amount of monoclonal human or humanized
antibodies consisting of antibodies neutralizing Shiga like
toxin II, to prevent or treat hemolytic uremic syndrome.
While the subject matter in Appeal No. 2005-1921 was drawn to a
method and the subject matter before us on this Appeal is drawn to a
composition, a number of the evidentiary references relied upon by the
Examiner are the same. Nevertheless, while Appellants recognize that the
Decision in Appeal No. 2005-1921 would likely affect or have a bearing on
this Appeal, Appellants make no attempt to distinguish the evidentiary
findings and conclusions of law in Appeal No. 2005-1921 from the evidence
of record in this Appeal.
Claims 26-36 stand rejected 35 U.S.C. § 103(a) as unpatentable over
the combination of Krivan, Perera, Williams, Queen and Engelman. The
Examiner makes the following findings of fact:
Krivan:
1. Teaches “purified high titer, monospecific polyclonal antibodies to
Shiga-like toxin . . .” (Answer 3).
2. Obtained the monospecific polyclonal antibodies by inoculating a bovine
animal with a purified active E. coli derived Shiga-like toxin (SLT),
“selected from the group consisting of SLT I, SLT II, SLT IIV and mixtures
thereof” (id.).
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