Ex Parte NEUBERGER et al - Page 2



             Appeal No. 1999-1355                                                              Page 2                
             Application No. 08/469,786                                                                              
                    Claims 35 and 42 are representative of the subject matter on appeal and read as                  
             follows:                                                                                                
                    35.  A chimeric antibody comprising an Ig moiety having antigen binding activity                 
             and a non-Ig protein moiety comprising a protein having biological activity or a                        
             biologically active portion thereof, wherein said non-Ig protein moiety is carboxy                      
             terminal to said Ig moiety, said chimeric antibody having said antigen binding activity                 
             and said biological activity.                                                                           
                    42.  A process for the production of a chimeric antibody comprising an Ig moiety                 
             having antigen binding activity and an non-Ig protein moiety comprising a protein having                
             biological activity or a biologically active portion thereof, wherein said non-Ig protein               
             moiety is carboxy terminal to said Ig moiety, said chimeric antibody having said antigen                
             binding activity and said biological activity, said process comprising;                                 
                    i) preparing a replicable expression vector comprising a promoter operably linked                
             to a DNA sequence comprising a first part encoding at least a variable region of an                     
             antigen-binding Ig polypeptide chain and a second part 3' of said first part encoding a                 
             biologically functional non-Ig protein, or a biologically active portion thereof, wherein               
             said first and second parts are combined such that expression results in a product                      
             possessing said variable region capable of binding antigen and said non-Ig protein                      
             capable of exhibiting its biological function as expressed;                                             
                    ii) transforming an immortalized mammalian cell line that secretes an Ig                         
             polypeptide chain complementary to the variable region encoded in said DNA sequence                     
             with said vector; and                                                                                   
                    iii) culturing the transformed cell line under conditions such that said DNA                     
             sequence is expressed and such that assembly of said chimeric antibody is effected so                   
             that said variable region is immunologically active and said non-Ig protein moiety is                   
             biologically functional.                                                                                
                    The references relied on by the examiner are:                                                    
             Hopp et al. (Hopp)                        4,703,004                  Oct. 27, 1987                      
             Cabilly et al. (Cabilly)                  4,816,567                  Mar. 28, 1989                      
             Lehninger, in Biochemistry, Worth Publishers, Inc., New York, NY, page 125 (1970)                       
             Neuberger, “Expression and Regulation of Immunoglobulin Heavy Chain Gene                                
             Transfected into Lymphoid Cells,” The EMBO Journal, Vol. 2, No. 8, pp. 1373-1378                        
             (1983)                                                                                                  







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