Ex Parte Schneck et al - Page 9

                Appeal 2007-1161                                                                                 
                Application 09/954,166                                                                           
                the immunoglobulin heavy chain in Dal Porto’s molecule is replaced by the                        
                extracellular domain of a first transmembrane protein in the claimed                             
                complex.  The first extracellular domain forms a ligand binding site with an                     
                extracellular domain of a second transmembrane protein.  The rejection                           
                focuses on the narrower embodiment in which the extracellular domains are                        
                derived from TCR.  Secondly, in the claimed molecular complex, the                               
                extracellular domain of the second transmembrane membrane protein is                             
                fused to the immunoglobulin light chain; in Dal Porto’s molecule, the                            
                immunoglobulin light chain is not a fusion protein.  (See Br. 13).                               
                       The following figure illustrates these differences:                                       
                                                                TCR                                              
                                                                heterodimer                                      
                                            MHC                                                                  
                                            Light             Light                                              
                                            chain             chain                                              
                                         Heavy              Heavy                                                
                                         chain              chain                                                
                                   Dal Porto          Claim 43                                                   
                The figure depicts the structure of Dal Porto’s molecule contrasted with an                      
                embodiment of claim 43.                                                                          
                       Obviousness requires a teaching that all elements of the claimed                          
                invention are found in the prior art and “a reason that would have prompted                      
                a person of ordinary skill in the relevant field to combine the elements in the                  
                way the claimed new invention does.”  KSR Int’l Co. v. Teleflex Inc., 127 S.                     
                Ct. 1727, 1741, 82 USPQ2d 1385, 1396 (2007).                                                     
                       Dal Porto teaches that the binding affinity and efficacy of soluble                       
                MHC was improved by grafting the MHC to immunoglobulin heavy chain,                              
                and producing a soluble divalent molecule comprising the chimeric heavy                          

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