Appeal No. 1995-3148
Application No. 08/011,130
which would have led a person having ordinary skill to the claimed method. Pro-Mold &
Tool Co. v. Great Lakes Plastics, Inc., 75 F.3d 1568, 1573, 37 USPQ2d 1626, 1629 (Fed.
Cir. 1996). In our judgment, the only reason or suggestion to modify the references to
arrive at the present invention comes from appellant’s specification. Accordingly, the
rejection of claims 6 and 8 through 14 under 35 U.S.C. § 103 is reversed.
35 U.S.C. §§ 101 and 112
U.S. Patent No. 5,872,222 (the ‘222 patent) issued from application serial no.
07/993,291, an application closely related to the present application. Claims 1 and 7 of
the ‘222 patent read as follows:
1. A conjugate comprising a substantially nonimmunogenic polymer coupled
with a plurality of binding molecules, each being specific for an antigen on a
T cell, and said binding molecules lacking an Fc portion.
7. An improved method for producing antibodies against an immunogen,
comprising administering the conjugate of claim 1 to a host animal together
with the immunogen and thereby increasing the immunogenic response
against the antigen, and screening for antibodies, or cells producing
antibodies, which are specifically reactive with the immunogen.
The patented conjugate (claim 1 of ‘222) is closely related to and parallels the
pharmaceutical conjugates that are the subject of this appeal, inasmuch as the
patented conjugate is administered to a host animal together with an immunogen to
increase the host’s response to the immunogen (claim 7 of ‘222).
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