Ex parte ROSENBLUM et al. - Page 5




          Appeal No. 1997-3945                                                        
          Application No. 08/410,390                                                  


          considered appellants' specification and claims, the applied                
          references, and the respective positions articulated by                     
          appellants and the examiner.  In our judgment, some, but not                
          all, of the references cited by the examiner are relevant.                  
          Under these circumstances, we reverse the examiner's rejection              
          of claims 1 through 4 on procedural grounds and we enter a new              
          ground of rejection of those claims under the provisions of                 
          37 CFR § 1.196(b).                                                          
               Claims 1 through 4 are rejected under 35 U.S.C. § 103 as               
          unpatentable over the combined disclosures of Goodwin,                      
          Pastan '985, and Pastan (Cell).                                             
               The claimed invention is directed to an immunoconjugate                
          coupled through the avidin-biotin interaction, comprising an                
          internalizable cell binding component having a biotin-binding               
          element conjugated to a biotinylated moiety. The biotinylated               
          moiety is selected from the Markush group of cytotoxic                      
          proteins and nucleic acids, wherein the cytotoxic protein is                
          further selected from the group consisting of gelonin, ricin,               
          saporin, abrin, diptheria toxin, pseudomonas exotoxin,                      
          rayalase, superoxide dismutase, protein tyrosine phosphatase,               
          protein phosphatase (PP-1 or PP-2), protein kinase A and                    
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