Appeal No. 2001-2497 Page 11
Application No. 08/855,744
method depends on the tumor-binding activity and the effector activity (radiolabel
for imaging, toxin for therapy) being administered at different times, it is essential
that those activities be carried out by different molecules.
Colcher and Huston, however, disclose or suggest multifunctional proteins
that both bind to an antigen and carry out the effector function. Since both
functions reside in the same protein, it would appear that the proteins disclosed
by Colcher and Huston could not be used in the multistep procedure of Goodwin,
since there would be no way to administer the tumor-binding part of the protein
separately from the effector part of the protein. The examiner has not explained
how the multifunctional proteins disclosed by Colcher and Huston could be
combined with Goodwin’s method in such a way as to yield the instantly claimed
invention.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007