Appeal No. 1999-1405
Application 08/098,268
an antibody directed against a cell surface protein, with the ability to bind to the cell
surface protein, so that the complexes formed are absorbed into cells which express the
cell surface protein and are expressed therein. Complexes for use in pharmaceutical
preparations contain a therapeutically or gene therapeutically active nucleic acid.
Claim 58, which is illustrative of the subject matter on appeal, reads as follows:
58. A protein-polycation conjugate comprising a polycation and an antibody or a
fragment thereof that binds to a surface protein of an animal cell, which conjugate is
capable of forming a soluble complex with a nucleic acid, and which conjugate, when
complexed with said nucleic acid, is capable of being taken up into said cell and
delivering the nucleic acid into the cell.
THE REFERENCES
The prior art references relied on by the examiner are:
Wu et al. (Wu) 5,166,320 Nov.24, 1992
Hirsch et al. (Hirsch) 5,428,132 Jun. 27, 1995
Knapp et al. (Knapp), "Towards a better definition of human leucocyte surface
molecules." Immunology Today, Vol. 10, No. 8, pp. 253-258 (1989)
Hurwitz et al. (Hurwitz), "A conjugate of 5-fluorouridine-poly(L-lysine) and an antibody
reactive with human colon carcinoma." Bioconjugate Chemistry, Vol. 1, pp. 285-290
(1990)
Eliasson et al. (Eliasson), "Differential IgG-binding characteristics of staphylococcal
protein A, streptococcal protein G, and a chimeric protein AG." Journal of Immunology,
Vol. 142, No. 2, pp. 575-581, (January 15, 1989)
Cotton et al. (Cotten), "Transferrin-polycation-mediated introduction of DNA into human
leukemic cells: Stimulation by agents that affect the survival of transfected DNA or
modulate transferrin receptor levels." Proceedings National Academy of Science USA,
Vol. 87, pp. 4033-4037, (June 1990).
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