Appeal No. 1997-2392
Application No. 08/089,990
Claim 1 is illustrative of the subject matter on appeal and is reproduced
below:
1. A chimeric monoclonal antibody having variable region of rodent origin
and a constant region of human origin which binds to a peptide
represented by the amino acid sequence SEQ ID NO:1 in the CD4-
binding region of the gp120 of HIV-1 and inhibits in vitro infection of T
cells by HTLV-IIIB.
The references relied upon by the examiner are:
Neuberger et al. (Neuberger) WO 86/01533 Mar. 13, 1986
Gilbert et al. (Gilbert) WO 87/07616 Dec. 17, 1987
Morrison, “Transfectomas Provide Novel Chimeric Antibodies,” Science, Vol. 229,
pp. 1202-1207 (1985)
Zolla-Pazner et al. (Zolla-Pazner), “Potential use of serotherapy in the prevention
and treatment of infection with the human immunodeficiency virus,” J. Virological
Methods, Vol. 17, pp. 45-53 (1987)
Lasky et al. (Lasky), “Delineation of a region of the human immunodeficiency virus
type 1 gp120 glycoprotein critical for interaction with the CD4 receptor,” Cell, Vol.
50, pp. 975-985 (1987)
Sun et al. (Sun), “Generation and characterization of monoclonal antibodies to the
putative CD4-binding domain of human immunodeficiency virus type 1 gp 120,”J.
Virology, Vol. 63, pp. 3579-3585 (1989)1
1 According to the examiner (Answer, page 5), “[t]he publication date of the Sun
reference is subsequent to the effective filing date of the instant application.
However, the data presented in Figure 6 on page 3583, are taken from the 1988
publication of Meyers et al. “Human retroviruses and AIDS”, the publication date of
which is prior to the effective filing date of the instant application.” It is unclear to this
merits panel why the examiner relied upon Sun instead of Meyers. Nevertheless,
we limit our review of Sun to Figure 6 (page 3583).
2
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