Appeal No. 2001-2347
Application No. 08/251,574
appellants' argument comparing the linker of the claimed conjugate to that of Rodwell is
not relevant to the claims before us.
We agree with the examiner’s characterization of Huston’s disclosure of protein
conjugates. Huston indicates at page 20, that in their conjugates “an essentially
limitless combination of binding sites and bioactive proteins is possible, each of which
can be refined as disclosed herein to optimize independent activity at each region of the
synthetic protein.” Huston, pages 26-28, provides a detailed discussion to one of
ordinary skill in the art as to how various linkers can be selected to preserve the
functionality of the neighboring structure (antibody). Huston indicates, “[t]he primary
function of the spacer is to separate the active protein regions to promote their
independent bioactivity and permit each region to assume its bioactive conformation
independent of interference from its neighboring structure.” Huston, page 28. Huston,
page 25, particularly indicates linker sequences which should be avoided in preparing
protein conjugates. Therefore, Huston describes how to prepare and link functional
proteins to prepare protein conjugates.
Appellants argue that White teaches away from the present invention because
the 15A8 antibody cross-reacts with numerous tissues other than human breast cancer
cells toward which the 15A8 antibody is directed. Brief, pages 7-8. In response, the
examiner finds that the White “claims recite antibodies targeted to cell surface receptor
and the 15A8 antibody.” Answer, page 7. White also discloses the selectivity of the
15A8 antibody and its use as a diagnostic for breast cancer. White, page 1339, column
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