Appeal No. 2002-1358
Application No. 09/467,903
describe the use of Fab' antibody fragments within the scope of the invention. For
example, the originally filed claims in the application recited an “antibody”, and
interestingly the only working example in the specification used antibody fragments
(Fab'). Specification, page 36, et. seq. Moreover, this working example is entitled,
“Preparation of Adriamycin-Containing Liposome Bonded to Antibody GAH.” Thus, the
working example in the specification reasonably supports appellants' argument that the
term “antibody” in the specification is used generically to include fragments with the
same antigen-binging activity.
The specification makes clear that the inventive aspect of the disclosure was the
antigen-specific domains defined by the specific variable light and heavy chain regions
recited in the claimed SEQ ID's. One of ordinary skill in the art would have understood
appellants to have invented not just the full-length antibodies including these specific
sequences but all fragments thereof comprising the antigen specific domains of the
antibody. In our view, appellants' prior art evidences that one of ordinary skill in the art
would have understood appellants' disclosure to encompass liposome targeting with
fragments of antibodies as well as full length antibodies.
The specification also describes the use of F(ab')2 to prepare the Fab' antibody
fragments for use in the claimed invention. It would reasonably appear, taking into
consideration the state of the art at the time of the invention, that persons of ordinary
skill in the art would understand that F(ab')2 antibody fragments mentioned in the
specification could be bound to liposomes, and could also be used to prepare a
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