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 -5-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007