Appeal No. 1995-3257
Application 08/056,382
directly to extravasation lesions produced by administration of the anthracycline antibiotic.
15. The method of claim 14 wherein the monoclonal antibody is carried in a solvent
therefor.
18. The method of claim 12 wherein the monoclonal antibody is topically applied as a
preventative for anthracycline-induced alopecia.
As can be seen by these claims, the invention is directed to topically applying 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 invention has a number of different methods of
using the claimed compositions. One is for the treatment of extravasation (spec., p. 7, lines 13-
22; and claim 13, supra). Another is for the prevention of alopecia (spec., p. 8, lines 13-16;
and claim 18, supra). However, the invention has a broader application. As explained in the
specification (pp. 1-2), the treatment is intended to reduce the toxifying effects that accompany
the administration of anthracycline antibiotics while retaining the antibiotic's antitumor efficacy
(spec., p. 3, lines 3-6). This broader application is reflected in claims 12, 13 and 25 supra.
Given the varying scopes and uses for the claimed invention, we fail to understand why
examiner questions only the enablement of the invention when directed to preventing alopecia.
By not raising the issue with respect to other asserted methods of use, examiner implicitly
agrees that the claims are enabled to perform these other applications; that is, the specification
provides sufficient information on how to use the claimed compositions and process. With
respect to claim 18, which is specifically drawn to preventing alopecia, this claim depends on a
14
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: November 3, 2007