ENGVALL et al. V. DAVID et al. - Page 40




                                        affinity, control the strength of the interaction.  These are high local                           
                                        concentration of the antigen and the possibility of bivalent binding.                              
                                        The initial binding of the antibody to the immobilized antigen is limited                          
                                        by diffusion, but after the first antibody-epitope interaction occurs, the                         
                                        formation of the second bond may be an intramolecular conversion if                                
                                        sterically possible (Fig. 3.5).  In addition , the high local concentration                        
                                        of antigen increases the chance that any disassociated antibodies will                             
                                        rebind to neighboring antigens.  In essence, diffusion occurs, but the                             
                                        high concentration of antigen acts as a trap to hold the antibody to the                           
                                        solid phase.  These factors combine to yield a high avidity.                                       
                                                 This type of multimetric interaction can occur in cell staining,                          
                                        immunoblotting, and many types of immuno assays.                                                   
                DCX-83, p. 33-34.  The apparent increase in affinity for antibodies bound to a substrate is confirmed                      
                by Paul, Fundamentals of Immunology (FUND), p. 432-33.   This standard reference work states:60                                                         
                                                 However, another effect also increases the effective affinity in                          
                                        a  two-phase  system.    This  effect  applies  even  for  monovalent                              
                                        antibodies (Fab fragments) or monovalent ligands.  The effect arises                               
                                        from the enormously high effective local concentration of binding sites                            
                                        at the surface compared to the concentration if the same number of                                 
                                        sites were distributed in bulk solution. [Endnote omitted.]                                        
                        Because of the possible enhanced affinity of the carrier-bound antibody, the person of ordinary                    
                skill in the art would not be able to reasonably conclude that the affinity of the bound antibody was                      
                necessarily about the same as that of the labeled antibody in solution from the overall sensitivity of                     
                the assay.                                                                                                                 
                        On pages 101 to 102 of her brief Engvall also argues to the effect  that  those working in the                     
                art would recognize that the antibodies used in Engvall’s example 1 had affinities “higher than 108                        
                liters/mole” (emphasis added) and refers to Langone’s testimony to for support.  However,                                  
                Engvall’s argument misses the mark.   As we indicated above, the phrase “at least about 108                                
                liters/mole” indicates the lower limit of the affinity constant for the invention.  The evidence must                      
                show that one having ordinary skill in the art would be led to the lower claimed limit for the affinity                    
                constant of “at least about 10  liters/mole” from the examples not just to any affinity constant with8                                                                                          
                some value higher than 10 . 8                                                                                              



                        60                                                                                                                 
                                See n. 5, supra.                                                                                           
                                                                    37                                                                     





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