Appeal No. 94-1483
Application No. 07/695,141
28, and 31 through 34, which are all of the claims pending in
this application.
Claims 3, 4 and 14, which are representative of the
subject matter on appeal, read as follows:
3. A soluble, single chain polypeptide comprising a Ti $
subunit fragment joined to a Ti " subunit fragment by an amino
acid linker.
4. A soluble, single chain polypeptide comprising a Ti (
subunit fragment joined to a Ti * subunit fragment by an amino
acid linker.
14. A nucleic acid having a sequence coding for a
soluble, single chain polypeptide of claim 3.
The references relied on by the examiner are:
Ladner et al. 4,946,778 Aug. 7, 1990
Vijay K. Chaudhary et al., "A recombinant immunotoxin
consisting of two antibody variable domains fused to
Pseudomonas exotoxin," 339 Nature 394-97 (Jun. 1, 1989)
Roy A. Mariuzza et al., "Secretion of a Homodimeric V"C6 T-
cell Receptor-Immunoglobulin Chimeric Protein," 264 The
Journal of Biological Chemistry no. 13, 7310-16 (May 5, 1989)
Michael L.B. Becker et al., "Expression of a Hybrid
Immunoglobulin - T Cell Receptor Protein in Transgenic Mice,"
58 Cell 911-21 (Sep. 8, 1989)
The issue presented for review is whether the examiner
erred in rejecting claims 2 through 16, 18, 20 through 22, 24
through 28, and 31 through 34 under 35 U.S.C. § 103 as
"unpatentable over either the Ladner et al. patent or the
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