Appeal No. 95-2052
Application 07/620,939
consideration by the examiner as directed to a non-elected invention.
The invention relates to specific fusion proteins in which a truncated diphtheria toxin (DT 388),
consisting of the first 388 amino acids of the toxin, is fused to the amino terminus of a heavy chain or a
light chain variable region of an antibody.
Claim 8, which is illustrative of the subject matter on appeal, reads as follows:
8. A DT388-antibody recombinant protein comprising a fusion protein including a diphtheria
toxin (DT) portion that consists of the first 388 amino acids of DT, wherein the toxin is at the
amino terminus of a heavy chain or light chain variable region of an antibody.
In setting forth the rejection under 35 U.S.C. § 103, the examiner relies on the following
references:
Janendra K. Batra, et al., "Antitumor activity in mice of an immunotoxin made with anti-
transferrin receptor and a recombinant form of Pseudomonas exotoxin", Proc. Natl. Acad.
Sci., USA, Vol. 86, pp. 8545-8549. (Nov. 1989)
Janendra K. Batra, et al., "Anti-Tac(Fv)-PE40: A Single Chain Antibody Pseudomonas
Fusion Protein Directed at Interleukin 2 Receptor Bearing Cells", The Journal of Biological
Chemistry, Vol. 265, No. 25, pp. 15198-15202. (Sep. 1990).
Ira Pastan, et al., "Immunotoxins", Cell Vol. 47, pp. 641-648, published Dec. 5, 1986 by Cell
Press.
R.J. Youle, et al., "Genetic engineering of immunotoxins", Immunotoxins, published 1988 by
Kluwer Academic Publishers (Boston) , pp. 113-122.
Toshihiko Kondo, et al., "Activity of Immunotoxins Constructed with Modified Pseudomonas
Exotoxin A Lacking the Cell Recognition Domain", The Journal of Biological Chemistry, Vol.
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