Appeal No. 95-0206
Application 07/866,789
(1988); Ashland Oil, Inc. v. Delta Resins & Refractories, Inc.,
776 F.2d 281, 293, 227 USPQ 657, 664 (Fed. Cir. 1985), cert.
denied, 475 U.S. 1017 (1986); ACS Hospital Systems, Inc. v.
Montefiore Hospital, 732 F.2d 1572, 1577, 221 USPQ 929, 933 (Fed.
Cir. 1984). These showings by the examiner are an essential part
of
complying with the burden of presenting a prima facie case of
obviousness. Note In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d
1443, 1444 (Fed. Cir. 1992).
In rejecting claim 1, the examiner noted that Goldenberg
‘647 taught a method for detecting and localizing tumors using
radiolabeled antibodies specific to antigens which are produced
or associated with the tumor. According to the examiner, the
only features not taught by Goldenberg ’647 were the emitting
energy of the radioisotope [recited in claim 3] and the specific
immunoreactivity of the antibody or fragment and the cross-
reactivity to other antigens [recited in claim 7] [answer, page
3]. The examiner relied on Hansen for teaching the claimed
emitting energy of the radioisotope and relied on Goldenberg ‘544
for teaching the claimed immunoreactivity and cross-reactivity to
other antigens.
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