Appeal No. 1997-3945
Application No. 08/410,390
administration of system components to a human. Again, claim
1 "reads on" an immunoconjugate where the avidin-biotin
interaction takes place in vivo.
Accordingly, we conclude that the subject matter sought
to be patented in claim 1 would have been obvious within the
meaning of 35 U.S.C. § 103 based on the combined disclosures
of Goodwin, Pastan '985, and Pastan (Cell).
The limitations of dependent claims 2 through 4 are also
found in Goodwin, Pastan '985, and Pastan (Cell). See
particularly Goodwin, page 4, line 46, disclosing avidin and
streptavidin. Compare the recitation in claim 2 on appeal
where "said biotin-binding element is selected from the group
consisting of avidin, streptavidin or analogues of avidin or
streptavidin." Further see Goodwin, page 5, line 10 and
Pastan (Cell), page 643, Figure 1, disclosing the use of a
monoclonal antibody. Compare the recitation in claim 3 on
appeal where "said cell binding element is a monoclonal
antibody." Finally, see Pastan '985, column 2, lines 62
through 68, disclosing monoclonal antibodies against the
transferrin receptor. Compare the recitation in claim 4 on
appeal "wherein said monoclonal antibody specifically binds an
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