Appeal No. 2002-1562
Application No. 09/183,454
generally available to one of ordinary skill in the art that would have led that individual to
combine the relevant teachings of the references to arrive at the claimed invention.
See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).
It is the examiner’s position that (Answer, page 4),
Osther et al disclose anti-HIV neutralizing antibodies useful in vaccine
preparations, immunotherapeutic preparations, and assays for HIV-1
(abstract). In addition, Osther et al disclose the following: (1) HIV-1
encoded protein can be purified from a lysate of HIV-1 infected cells or it
can be produced by recombinant methods for administration as an
immunotherapeutic to humans infected by HIV-1 or related viruses
(column 2, lines 22-35, columns 3-4, lines 50-68 and 1-25, respectively,
column 5, lines 19-61; columns 7-8,lines 64-68 and 1-40, respectively);
and (2) in Example 2, a sandwich radioimmunoassay was performed by
attaching recombinant HIV-1 antigen to wells.
The examiner acknowledges that Osther fails to disclose a bifunctional chelating
agent such as DOTA conjugated to the radioisotope and targeting moiety antibody.
Answer, page 4.
Li is relied on by the examiner for the disclosure of monoclonal antibodies
labeled with 90Yttrium- and 111Indium-DOTA chelates. Id. Monoclonal antibodies so
labeled are indicated by Li to be “medically useful”. Li, page 102, column 1. A reason
for using the DOTA-peptide is to reduce the accumulation of the radioactivity in the liver
by introducing a cleavable linker between the chelate and the monoclonal antibody. Li,
page 103, column 2. Li particularly discloses the use of such antibody conjugates for
cancer diagnosis and therapy in vivo. Li, page 103, column 1. Particularly described in
Li is the uptake of such antibody conjugates by tumors in nude mice. Li, page 103,
column 2.
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