The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 31
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte JACK D. BURTON and
DAVID M. GOLDENBERG
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Appeal No. 2003-0177
Application No. 09/231,642
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HEARD: April 15, 2003
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Before WILLIAM F. SMITH, SCHEINER, and LORIN, Administrative Patent Judges.
WILLIAM F. SMITH, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the examiner's final rejection of
claims 1 through 6, 8, 9, and 13 through 22. Claims 7 and 10 through 12 are pending
but have been withdrawn from consideration by the examiner. Claims 1, 4, 5, 6, and 9
are representative of the subject matter on appeal and read as follows:
1. A targeting moiety comprising a conjugate of an antibody linked to a ligand-
binding region of interleukin-13 receptor " subunit (IL-12R"), which antibody is specific
for a cellular antigen specific to a targeted cell.
4. A targeting moiety as claimed in claim 1, comprising a bispecific antibody that
has a first specificity for a cellular antigen specific to a targeted cell and a second
specificity for IL-13R" receptor subunit.
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