Appeal No. 1997-2368
Application 08/158,782
Brief, page 5):
Brennan teaches only a method for making bispecific
conjugates of antibody fragments. There is no teaching or
suggestion in Brennan of a conjugate comprising a plurality of
chemically-linked antibodies or antibody fragments which
specifically binds to a plurality of accessible epitopes on a
single species of pathogen or of an antigen shed by the
pathogen or resulting from the fragmentation or destruction of
the pathogen, or of using such a conjugate to target a
therapeutic agent to a focus of infection.
As we have stated, in order to establish a prima facie case of obviousness within
the meaning of 35 U.S.C. § 103, the prior art must provide a reason or suggestion which
would have reasonably directed one skilled in this art to that which is claimed, i.e., the
method of targeting a therapeutic agent to a focus of infection using a conjugate
comprising a plurality of chemically-linked antibodies which specifically binds to a plurality
of accessible epitopes associated with the pathogen which includes a chemically bound
therapeutic agent. To the extent that the examiner has established that certain of the
components of the claimed invention were known at the time of the invention, the examiner
has failed to provide evidence which would have provided a reason or suggestion which
would have led one of ordinary skill in this art to combine the various components in a
manner to arrive at the claimed invention. The extent to which such reason or suggestion
must be explicit in or may be fairly inferred from, the references, is decided on the facts of
each case, in light of the prior art and its relationship to the invention. It is impermissible,
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