Appeal No. 1999-1434
Application No. 08/307,044
The specification also states that
[m]urine antibodies against 17-1A can be administered individually
or in mixtures (cocktails) of two or more murine anti-17-1A
antibodies. Preferably, anti-17-1A antibody having different
epitopic specificity for 17-1A is employed in the combination in
order to increase anti-tumor activity in an additive or synergistic
fashion. Murine antibodies can be selected from the original 17-1A
antibody or other murine antibodies which recognize similar or
different epitopes of the 17-1A antigen, such as the M72, M74, M77
and M79 antibodies described [in the specification].
Page 4.
Discussion
Claim 12, the broadest claim on appeal, is directed to a “method for
treating a gastrointestinal tumor comprising administering to a patient afflicted
with a gastrointestinal tumor, a murine monoclonal antibody which specifically
binds to an epitope of 17-1A antigen, said antibody being administered in
multiple doses of about 400 milligrams or more per dose.” None of the claims
are limited to any particular anti-17-1A antibody or antibodies.
The examiner acknowledges that the specification is enabling for the
claimed method employing any one of antibodies 17-1A, M72, or M74.
Examiner’s Answer, page 3. None of the claims, however, are limited to use of
only these antibodies, and so the examiner rejected the claims under 35 U.S.C.
§ 112, first paragraph, on the basis that the specification “does not reasonably
provide enablement for [the claimed method, using] any murine monoclonal
antibody which specifically binds to any epitope of 17-1A antigen.” Id. (emphasis
in original).
3
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007