Appeal No. 1997-0711
Application No. 08/271,539
Claim 11 is illustrative and reads as follows:
11. A method for producing antibodies which specifically bind to and
inhibit the binding of human Interleukin-4 (IL-4) to receptors comprising
administering to an animal a sufficient quantity of a polypeptide consisting of
amino acid residues 61 to 82 of IL-4, wherein the animal produces
antibodies against the polypeptide, said antibodies being able to
specifically bind to human IL-4 and are able to inhibit the binding of human
IL-4 to cellular receptors.
The references relied on by the examiner are:
Abrams et al. (Abrams) 5,013,824 May 7, 1991
(filed Sep. 19, 1986)
KÅhler et al. (Kohler), "Continuous cultures of fused cells secreting antibody of predefined
specificity," Nature, Vol. 256, pp. 495-497 (August 7, 1975)
J. Goding, MONOCLONAL ANTIBODIES: PRINCIPLES AND PRACTICE, 2nd ed., pp.
198-199 (Academic Press, London, 1986)
ISSUES4
Claims 11 and 12 stand rejected under 35 U.S.C. § 102(e) as being anticipated by
Abrams. Claim 13 stands rejected under 35 U.S.C. § 103 as being unpatentable over
Abrams, Kohler and Goding.
We reverse both rejections.
4The examiner changed the statutory basis of the final rejection of claims 11 and 12 originally made
under 35 U.S.C. § 102(b) to a rejection under 35 U.S.C. § 102(e) and withdrew the final rejection of claim 13
under 35 U.S.C. § 103 over Abrams and Kohler in favor of a rejection over Abrams, Kohler and Goding
(answer, p. 3).
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