Appeal No. 2002-1562
Application No. 09/183,454
wherein the living pathogen-targeting organic moiety is covalently linked to a
complexing agent which binds the radioisotope, and
the living pathogen-targeting organic moiety is linked to the radioisotope via a
bifunctional complexing agent.
42. A method for treating an infectious disease caused by living pathogens in a
mammal, wherein said mammal produces antibodies in response to said living
pathogens, said method comprising
obtaining antibodies from said mammal;
replicating said antibodies to produce replicated antibodies,
conjugating said replicated antibodies with a radioisotope which emits Auger
electrons and has a half-life of less than 100 days to produce a therapeutic
composition, and
administering said therapeutic composition to said mammal in a manner to bring
said therapeutic composition into contact with said living pathogens,
wherein said antibodies are conjugated with the radioisotope with a complexing
agent.
The prior art references relied upon by the examiner are:
Osther et al (Osther) 5,529,776 June 25, 1996
Li, M. et al (Li), “Labeling Monoclonal Antibodies with 90-Yttrium and 111-Indium-DOTA
Chelates: A Simple and Efficient Method,” Bioconjugate Chemistry, Vol. 5, No. 5, pp.
101-103 (1994)
Lewis, M.R. et al., (Lewis), “A Facile, Water-Soluble Method for Modification of Proteins
with DOTA. Use of Elevated Temperature and Optimized pH to Achieve High Specific
Activity and High Chelate Stability in Radiolabeled Immunoconjugates,” Bioconjugate
Chemistry, Vol. 5, No. 6, pp. 565-576 (1994)
Grounds of Rejection
Claims 25-30, 32-38 and 42-44 stand rejected under 35 U.S.C. § 103(a) for
obviousness over Osther in view of Li and Lewis.
We reverse this rejection.
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