Ex parte GOLDENBERG - Page 4




             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              


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