Appeal No. 2000-2269 Page 2
Application No. 08/862,337
combining an antigen binding protein which binds said
immunogen with a degenerate pool of nucleic acid species;
and then
recovering a nucleic acid species bound by said antigen
binding protein from said degenerated pool, with said nucleic
acid and said immunogen binding to the same antigen
recognition site on said antibody.
26. An isolated nucleic acid which inhibits complex formation between
an antigen binding protein and an immunogen, which immunogen is
not a nucleic acid, with said nucleic acid and said immunogen
binding to the same antigen recognition site on said antibody.
The examiner relies on the following references:
Gold et al. (Gold ‘ 163) 5,270,163 Dec. 14, 1993
Gold et al. (Gold PCT) WO 91/19813 Dec. 26, 1991
Bock et al. (Bock), “Selection of single-stranded DNA molecules that bind and
inhibit human thrombin,” Nature, Vol. 355, pp. 564-566(1992)
All of the claims stand rejected under 35 U.S.C. § 103 as obvious over
either of Gold ‘163 or Gold PCT.
All of the claims also stand rejected under 35 U.S.C. § 103 as obvious
over either of Gold ‘163 or Gold PCT, combined with Bock.
We reverse.
Background
Appellants’ specification discloses a method of making nucleic acid
mimetics of non-nucleic acid antigens, i.e., nucleic acids that are specifically
bound by an antibody that also binds a non-nucleic acid antigen. The
specification describes the process as follows:
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007