Appeal No. 2001-2379 Page 9
Application No. 08/931,666
Based on this evidence, it would appear that those of skill in the art would expect
HIV-infected lymphocytes to endocytose and degrade cationized antibodies,
rather than expecting the cationized antibodies to effectively bind to and
inactivate intracellular Tat.
Other Issues
According to Appellant, the instant application is a continuation of
application 08/137,183, filed March 21, 1994, which was a continuation-in-part of
application 07/693,872, filed April 30, 1991. Thus, the effective filing date of the
claimed invention may be either March 21, 1994 or April 30, 1991.
We have been unable to find any statement in the record by the examiner
fixing the effective filing date of the instant claims. We note, however, that one of
the references attached to the Appeal Brief cites references that might anticipate
the instant claims. Specifically, Pardridge2 cites three references (Pardridge et
al. 1994a, Pardridge et al. 1994b, and Pardridge et al. 1994c) which have titles
that suggest they may be anticipatory if the instant claims have an effective filing
date of March 21, 1994, and if the references were published before March 21 of
1994.
Upon return of this case, the examiner should consider whether the
“Pardridge et al. 1994” references are prior art with respect to the instant claims
and, if so, whether they render the claims unpatentable.
2 Pardridge et al., “Cationized hyperimmune immunoglobulins: Pharmacokinetics, toxicity
evaluation and treatment of human immunodeficiency virus-infected human-peripherabl blood
lymphocytes-severe combined immune deficiency mice,” Journal of Pharmacology and
Experimental Therapeutics, Vol. 276, pp. 246-252 (1996).
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