Ex parte ROSENBLUM et al. - Page 9




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


               compound so that the treated individual is not                         
               exposed to the compound during the extended period                     
               of protein localization at the tumor site.                             
          According to Goodwin, the avidin-biotin interaction takes                   
          place in vivo after the sequential administration of Goodwin's              
          components to a treated individual.                                         
               The immunoconjugate of claim 1 differs from the product                
          disclosed by Goodwin in that Goodwin's biotinylated compound                
          includes a pharmaceutically active toxin moiety, whereas claim              
          1 recites a biotinylated moiety selected from the group                     
          consisting of cytotoxic proteins and nucleic acids, where said              
          protein is 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                    
          protein kinase C.  Goodwin discloses, generically, a                        
          pharmaceutically active toxin moiety, whereas claim 1 recites               
          species of cytotoxic proteins.                                              
               Pastan '985 discloses a method of chemically modifying                 
          Pseudomonas exotoxin (PE) so that, after conjugating the                    
          exotoxin to a monoclonal antibody (ab) such as the antibody to              
          the transferrin receptor, the PE-ab conjugate becomes a highly              
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