Ex parte GOLDENBERG - Page 2




          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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