Appeal No. 1997-3542
Application No. 08/192,507
deficiencies of the primary references. In view of the above, the rejection of claims 3, 4,
14 and 15 under 35 U.S.C. § 103 is reversed.
35 U.S.C. § 103
Claims 5 and 13 stand rejected under 35 U.S.C. § 103 over Julius and Kung, taken
with Lambert and Taylor, as applied to claims 1, 2, 5-7, 11-13, 16 and 17, and further in
view of Brady.
The examiner relies on Brady for the teaching of the production of radionucleotides
for use in diagnostic imaging. The examiner argues that it would have been obvious to
one of ordinary skill in the art at the time of the present invention to produce immunotoxins
131
containing radiolabelled I as the cytotoxic agent moiety in view of the demonstrated use
131
of I for this purpose.
Having found the primary combination of references to be without proper
motivation and that Brady does not cure the deficiencies of the primary references, the
rejection of claims 5 and 13 under 35 U.S.C. § 103 is reversed.
Other Issue
We also note that the oath or declaration filed in the application remains defective,
as set forth in Paper No. 2, page 3. Should prosecution of the subject
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