The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 35
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte SEAN B. CARROLL
__________
Appeal No. 2001-1298
Application No. 08/304,602
__________
ON BRIEF
__________
Before WINTERS, ADAMS and GREEN, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 1-3, 5-29 and 31-34, which are all the claims
pending in the application.
Claim 1 is illustrative of the subject matter on appeal and is reproduced
below:
1. An antibiotic-antibody conjugate, comprising surface-active
antibiotic covalently bound via a non-carbodiimide cross-linker to
non-specific immunoglobulin having an Fc region wherein said
conjugate binds to bacteria via said antibiotic.
The references relied upon by the examiner are:
Hawiger et al. (Hawiger) 4,703,039 Oct. 27, 1987
Jawetz et al. (Jawetz), “Antimicrobioal Chemotherapy,” Review of Medical
Microbiology, pp. 122-135 and 142 (1984)
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