Appeal No. 1997-2368 Application 08/158,782 coming forward with evidence or argument shift to the applicant. Id. In order to meet that burden the examiner must provide a reason, based on the prior art, or knowledge generally available in the art as to why it would have been obvious to one of ordinary skill in the art to arrive at the claimed invention. Ashland Oil, Inc. v. Delta Resins & Refractories, Inc., 776 F.2d 281, 297 n.24, 227 USPQ 657, 667 n.24 (Fed. Cir. 1985). On the record before us, the examiner has not met the initial burden of establishing why the prior art relied on would have led one of ordinary skill in this art to arrive at the method of treatment of the rejected claims. While urging that Rodwell describes the generic method for chemically linking an antibody with another molecule and the advantage or benefit for using such conjugates for in vivo delivery to an antigenic site, the examiner acknowledges that “Rodwell does not provide a specific teaching for chemically linking a plurality of antibodies together.” (Answer, page 4). The examiner cites Holder as teaching the production of polyvalent antibodies which recognize multiple epitopes associated with more than one stage of the life cycle of a specific parasite, P. falciparum. However, the examiner acknowledges that Holder does not describe the production of a conjugate comprising a plurality of chemically linked antibodies as presently required by the claims on appeal. (Answer, page 5). The examiner cites Goldenberg ('525) as describing improved methods of disease therapy using cytotoxic agents which can be conjugated to an antibody or antibody fragment which will 4Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007