Appeal No. 2003-0177 Page 6
Application No. 09/231,642
signal transduction production of inflammatory cytokines. In other words,
the signal transduction mentioned on page 27 of Willson entails the
signalling of cells such as macrophages, and does not involved signalling
of the T-cells themselves as in Eshhar. Thus, there is no basis for
substituting the ligand binding region of IL-13R" for the ligand binding
region of IL-2R" in Eshhar.
Reply Brief, paragraph bridging pages 2-3.
The examiner did not file a substantive response to the Reply Brief. Thus, we
have no basis to disagree with appellants' position that the "signal transduction" of
Willson differs from the "signal transduction" required by Eshhar. Absent a fact -based
explanation from the examiner establishing that the "signal transduction" of Willson is in
fact the "signal transduction" envisioned by Eshhar, the rejection cannot be sustained.
As we understand the examiner's rejection of claims 1, 4, and 22, MacLean is
relied upon only to show the bispecific antibody required by claim 4 on appeal and is
not relied upon to show the overall conjugate required by claim 1. We do not find that
MacLean makes up for the shortcomings of the examiner's rejection premised upon
Eshhar and Willson. Thus, we also reverse this rejection.
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