Appeal No. 1995-3257
Application 08/056,382
DECISION ON APPEAL
This is an appeal under 35 U.S.C. ' 134 from the final rejection
of claims 1-3, 6-9, 11-15, and 18-20, all the claims
pending in the application. On consideration of the
record, we reverse the rejections.
Representative Claims
1. A topical pharmaceutical composition useful in
cytostatic therapy comprising an anthracycline antibiotic
and an antidotal effective amount of an anti-
anthracycline antibiotic monoclonal antibody produced
from hybridoma deposited at ECACC under No. 90011003 on
January 12, 1990 and a pharmaceutically acceptable
topical carrier.
12. A method of cytostatic therapy in animals, comprising
topically administering to an animal in need of such
therapy an anthracycline antibiotic and an antidotal
effective amount of an anti-anthracycline antibiotic
monoclonal antibody produced from a hybridoma deposited
at ECACC under No. 90011003 on January 12, 1990 in a
pharmaceutically acceptable topical carrier.
The references relied upon by the examiner are:
Balsari et al. (Balsari I), A New Monoclononal Antibody
Recognizing Anthracyclinic Molecule, Anticancer Research
10:129-132 (1990).
Balsari et al. (Balsari II), Monoclonal Antibodies
Against Doxorubicin, J. Cancer: 42, 798-802 (1988).
The rejections are:
Claims 6-9, 11, 19 and 20 are rejected under the
judicially created doctrine of obviousness-type double
2
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