Appeal No. 2001-2497 Page 2
Application No. 08/855,744
extravascular space reaches equilibrium between the extravascular
space and the capillaries;
administering a liposome conjugated with antibodies specific for the
conjugate which binds circulating conjugate;
administering the therapeutic agent.
3. The method of claim 1 further including the step of administering
the liposome conjugated with antibodies at least one more time
after time is allowed for the conjugate(s) in the extravascular space
and the blood circulation to reach equilibrium.
The examiner relies on the following references:
Huston et al. (Huston) WO 88/09344 Dec. 1, 1988
Goodwin, “Pharmacokinetics and Antibodies,” The Journal of Nuclear Medicine,
Vol. 28, No. 8, pp. 1358-1362 (1987)
Colcher et al. (Colcher), ”In Vivo Tumor Targeting of a Recombinant Single-
Chain Antigen-Binding Protein,” Journal of the National Cancer Institute, Vol. 82,
No. 14, pp.1191-1197 (1990)
Claims 1 and 3 stand rejected under 35 U.S.C. § 112, first paragraph, for
nonenablement.
Claims 1 and 3 stand rejected under 35 U.S.C. § 103 as obvious in view of
Goodwin combined with either of Huston or Colcher.1
We reverse both rejections.
Background
Immunoconjugates and immunotoxins – monoclonal antibodies
conjugated with a therapeutic agent or toxin – have been investigated for
treatment of cancer. See the specification, pages 1 and 2. These agents,
1 As further discussed infra, we construe the examiner’s rejection under § 103 to be based on
Goodwin combined with either of Huston or Colcher, rather than, as stated in the Examiner’s
Answer, Goodwin combined with Huston and Colcher.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007