Appeal No. 95-0206
Application 07/866,789
This is a decision on the appeal under 35 U.S.C. § 134
from the examiner's rejection of claims 1-7, which constitute all
the claims remaining in the application.
The claimed invention pertains to a method of imaging
hypoplastic, anatomically displaced or ectopic cells or tissues
of a mammalian subject using scintigraphic or magnetic resonance
imaging.
Representative claim 1 is reproduced as follows:
1. A method of imaging hypoplastic, anatomically displaced
or ectopic cells or tissues in a mammalian subject by
scintigraphic or magnetic resonance imaging, comprising the steps
of: (a) parenterally injecting a mammalian subject, at a locus
and by a route providing access to an organ of interest, with an
antibody or antibody fragment which specifically binds a marker
produced by or associated with said cell or tissue, said antibody
or antibody fragment being labeled with a radioisotope or with a
magnetic resonance image enhancing agent capable of external
detection, the amount of the labeled antibody or antibody
fragment being sufficient to permit a scintigraphic image or an
enhanced magnetic resonance image of said organ to be obtained;
and (b) obtaining a positive scintigraphic image or positive
enhanced magnetic resonance image of said organ, at a time after
injection of said agent sufficient for said agent to diffusely
accrete in said organ and specifically bind to said marker.
The examiner relies on the following references:
Hansen et al. (Hansen) 3,927,193 Dec. 16, 1975
Goldenberg ‘647 4,331,647 May 25, 1982
Goldenberg ‘544 4,361,544 Nov. 30, 1982
Claims 1-7 stand rejected under 35 U.S.C. § 103. As
evidence of obviousness the examiner offers Goldenberg ‘647 in
view of Hansen and further in view of Goldenberg ‘544.
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