Appeal No. 2002-1358
Application No. 09/467,903
fragments.1 The Fab’ fragments are then bound to a liposome by a thiol group to a
maleimide group in the liposome. Specification, page 12, 36.
Grounds of Rejection
Claims 30-49 stand rejected under 35 U.S.C. § 112, first paragraph for lack of
written description and failing to reasonably convey to one skilled in the relevant art that
the inventor, at the time the application was filed, had possession of the claimed
invention.
We reverse this rejection.
DISCUSSION
In reaching our decision in this appeal, we have given consideration to the
appellants' specification and claims, and to the respective positions articulated by the
appellants and the examiner.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the noted rejection, we make reference to the examiner's
Answer for the examiner's reasoning in support of the rejection, and to the appellants'
Brief and Reply Brief for the appellants' arguments thereagainst. As a consequence of
our review, we make the determinations which follow.
1 An F(ab’)2 fragment is a fragment of an antibody containing two antigen
binding sites generated by cleavage of the antibody molecule with the enzyme pepsin
which cuts the hinge region C-terminally to the inter–chain disulphide bond.
4
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