Appeal No. 1996-1815
Application 07/690,841
Claims 1, 6 and 14 are representative of the subject matter on appeal and read as
follows:
1. A hybridoma that produces a monoclonal antibody specific for an antigenic
determinant of thymidylate synthase, said antibody with sufficient binding affinity to detect
thymidylate synthase in a Western blot assay.
6. A monoclonal antibody, or binding fragment thereof, specific for an antigenic
determinant of thymidylate synthase, said antibody with sufficient binding affinity to detect
thymidylate synthase in a Western blot assay.
14. A method of determining the presence of thymidylate synthase in a biological
sample, comprising:
I) contacting said sample with at least one monoclonal antibody specific for an
antigenic determinant of thymidylate synthase, under conditions such that binding of said
monoclonal antibody to said antigenic determinant occurs, and
ii) detecting the presence or absence of complex formed between said monoclonal
antibody and said antigenic determinant, said antibody with sufficient binding affinity to
detect thymidylate synthase in Western blot assay.
The references relied upon by the examiner are:2
Navalgund et al. (Navalgund), “Cell Cycle Regulation of Thymidylate Synthetase Gene
Expression in Cultured Mouse Fibroblasts,” The Journal of Biological Chemistry, Vol. 255,
No. 15, (Aug. 1980), pp. 7386-90.
Jastreboff et al. (Jastreboff), “Isolation and Functional Effects of Monoclonal Antibodies
Binding to Thymidylate Synthase,” Biochemistry, Vol. 24, (1985), pp. 587-92.
2 We note that the examiner cited a reference to Harlow at page 4 of the
Supplemental Examiner's Answer mailed September 8, 1994. However, the examiner did
not incorporate that reference into the statement of rejection. Furthermore, we can not find
a copy of the reference of record. Nor did the examiner list this reference on a PTO form-
892. Accordingly, we have not considered this reference in reaching our decision on
appeal.
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