Appeal No. 2002-1562
Application No. 09/183,454
Lewis discloses the modification of proteins with DOTA at an elevated
temperature and optimized pH to achieve a high specific activity and high chelate
stability in radiolabeled immunoconjugates. Answer, page 5. The antibodies are useful
for tumor imaging and to reduce radiation damage and toxicity to normal organs and
tissues. Answer, page 6. Lewis discloses the use of such antibodies for diagnosis and
therapy in vivo. Lewis, p. 565, column 1.
The examiner summarizes (Answer, page 6):
It would have been obvious to one of ordinary skill in the art at the
time the invention was made to modify the invention of Osther et al using
the teachings of Lewis et al and Li et al and generate an antibody-
radioisotope composition conjugated to a chelating agent because both
Lewis et al and Li et al disclose that it was well known in the art to
generate compositions comprising an antibody conjugated to a
radioisotope through a bifunctional chelating agent, such as DOTA.
The appellants respond, arguing, “there is not the slightest hint in the cited
references of making a pathogen targeting antibody which contains a radioisotope.”
[Emphasis added.] Brief, page 3. Appellants also argue there is no motivation to
conjugate radioisotopes to pathogen antibodies in the cited references. Brief, page 4.
According to the specification (page 4) the living pathogen-targeting moiety is in
the form of an antiviral, antifungal or antibacterial antibody, although fragments of such
antibodies or antibiotics which function to selectively carry the radioisotope into or onto
a targeted pathogen are also considered suitable. Viruses, fungi, bacteria or prions
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