Appeal No. 2003-0177 Page 2
Application No. 09/231,642
5. A targeting moiety as claimed in claim 1, wherein the antibody is specific to
an antigen expressed by solid tumors and is linked to the ligand-binding region of IL-
12R".
6. A targeting moiety as claimed in claim 5, wherein the antibody is specific to
carcinoembryonic antigen.
9. A kit comprising a conjugate of interleukin-12 (IL-13) linked to a drug,
radionuclide or toxin, and a targeting moiety comprising an antibody specific for a
cellular antigen specific to a targeted cell, linked to the ligand-binding region of
interleukin-13 receptor " subunit (IL-13R").
The references relied upon by the examiner are:
Hansen et al. (Hansen) 5,874,540 Feb. 23, 1999
PCT Application (Eshhar) WO 93/19163 Sep. 30, 1993
PCT Application (Willson) WO 97/15663 May 1, 1997
MacLean et al. (MacLean), "Anti-CD3:Anti-IL-2 Receptor-Bispecific mAb-Mediated
Immunomodulation," Journal of Immunology, Vol. 155, pp. 3674-3682 (1995)
Claims 1 through 3, 5, 6, 8, 9, and 13 through 21 stand rejected under 35 U.S.C.
§ 103(a). As evidence of obviousness, the examiner relies upon Eshhar, Willson, and
Hansen. Claims 1, 4, and 22 also stand rejected under 35 U.S.C. § 103(a) with the
examiner relying upon MacLean in addition to Eshhar, Willson, and Hansen. We
reverse.
Discussion
Initially, we need to clarify what subject matter has been examined and thus
before us for review. As seen, claim 1 is directed to a targeting moiety which comprises
a conjugate having two portions. The first portion is an antibody and the second portion
is a ligand-binding region of interleukin-13 receptor " subunit (IL-13R"). The antibody
is specific for a cellular antigen specific to a targeted cell. However, as a result of a
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