Appeal No. 95-2070
Application No. 08/073,816
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claim 1, the only
claim pending in the application. Claim 1 reads as follows:
1. A hybridoma cell line having the identifying characteristics of hybridoma cell line
B6H12, ATCC HB 9771, and any cell line derived therefrom that produces antibodies
which specifically recognize a receptor that binds to proteins that contain the amino acid
sequence Arg-Gly-Asp which on binding said proteins causes the cells to become more
phagocytic but which is antigenically distinct from VLA, platelet gb IIb/IIIa, Vn and LFA-1,
Mac-1, p150, 95 family of receptors.
The references relied upon by the examiner are:
Hemler et al., “The VLA Protein Family,” J. Biol. Chem., vol. 262, No. 7, pp. 3300-3309,
1987.
Ruoslahti et al., “New Perspectives in Cell Adhesion: RGD and Integrins,” Science, vol.
238, pp. 491-497, 1987.
Ginsberg et al., “Cytoadhesins, Integrins, and Platelets,” Thromb. Hemostasis, vol. 59, No.
1, pp. 1-6, 1988.
Waldmann, “Monoclonal Antibodies in Diagnosis and Therapy,” Science, vol. 252, pp.
1657-1662, 1991.
Claim 1 stands rejected under 35 U.S.C. § 101 (utility), § 112, first paragraph
(enablement) and § 103. The examiner relies upon Waldmann as evidence in support of
the utility/enablement rejection and Hemler, Ruoslahti and Ginsberg in support of the
obviousness rejection. We reverse.
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