Appeal No. 1995-4273
Application No. 08/046,364
Accordingly, the rejection of claims 1, 5 through 7, and 9 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 through 6
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.
2. A conjugate of claim 1, wherein the binding molecule is selected from the
group consisting of Fv, Fab, and F(ab’) fragments.
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3. A conjugate of claim 1, wherein the antigen is CD2, CD3, CD4, CD5,
CD8, CD28, or a component associated with T cell receptor.
4. A conjugate of claim 1, wherein the nonimmunogenic polymer is
nonimmunogenic in humans and resistant to hydrolysis in human body fluids.
5. A conjugate of claim 1, wherein the nonimmunogenic polymer is
polyethylene glycol, cellulose, dextran, agarose, latex or an amino acid
copolymer.
6. A conjugate of claim 1, wherein the nonimmunogenic polymer is in the
form of a glutaraldehyde modified latex microbead.
It is apparent from a review of ‘222 that the patented conjugates and the conjugates
that are the subject of this appeal are closely related and parallel each
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