Appeal No. 1996-0826
Application No. 08/271,583
claims on appeal "read on" something disclosed in the reference. Kalman v. Kimberly-Clark Corp.,
713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984).
Claims 1, 5, 14, 15, 19 and 28 are rejected under 35 U.S.C. § 102 as anticipated by Nedwin.
Nedwin discloses a method for killing target cells, e.g., cancer cells, bacteria, fungi, yeast,
protozoa, viruses and other parasites, having a characteristic surface antigen in a subject having such
cells, comprising administering in vivo, ex vivo or in vitro a composition comprising an effective
amount of a peroxidase, preferably myeloperoxidase, conjugated to a first binding agent capable of
specifically binding to the surface antigen, preferably an antibody (i.e., a myeloperoxidase derivative)7
and a sufficient amount of a hydrogen peroxide-producing enzyme system conjugated to a second
binding agent (which may be identical to the first binding agent) capable of specifically binding to a
surface antigen (page 3, lines 10-21 and 49-54). In the presence of hydrogen peroxide, the peroxidase
converts local halide ions, particularly iodide and chloride, into cytotoxic halide species (page 4, lines
28-29). The specific binding conjugates “provide an very fast, specific killing action” (page 7, line 6).
Selective killing, e.g., cytotoxicity against myeloma cancer cells and lack of toxicity to non-target cells,
is demonstrated in the examples on page 8. The antibody-targeted specific killing action of target cells
7According to the specification, “[i]llustrative examples of useful derivatives include haloperoxidases which
have been conjugated to antibodies, antibody fragments, lectins or other targeting moieties which are capable of
specifically recognizing and selectively binding to antigens, receptor sites, or other distinguishing features on the
surface of target microbes or target cells, such as cancer cells” (page 15, lines 31-36).
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