Appeal No. 2002-2279 Page 5
Application No. 08/556,667
Reynolds describes removing neuroblastoma cells from bone marrow by
incubating neuroblastoma cells with neuroblastoma cell-specific monoclonal antibodies,
mixing the antibody-coated cells with a bone marrow sample, capturing the antibody-
coated neuroblastoma cells with goat anti-mouse immunoglobulin-coated magnetic
microbeads, removing microbead-captured neuroblastoma cells from the bone marrow
sample by passing the sample over a magnet, and recovering the remaining bone
marrow cells from the purged sample. “The efficacy of tumor cell removal depended on
the amount of monoclonal antibody bound to tumor cells and the immunobead/tumor
cell ratio. In addition, two cycles of purging with both monoclonal antibodies and
immunobeads was superior to one cycle. Using a cocktail of [ ] five antibodies, 3 to 4
logs of tumor cells could be depleted from marrow with good recovery of viable
hematopoietic cells.” Pages 5882 and 5883. While Reynold’s magnetic immunobeads
are described as “[p]olystyrene porous magnetic beads . . . 3 :m in diameter,” no
mention is made of the density of the beads.
Grenier describes a diagnostic immunoassay wherein excess labeled anti-
analyte antibody is removed “by adding a solid phase material having immobilized
thereon a compound having a preferential binding affinity for the labeled anti-[analyte]
antibody” (column 3, lines 60-64). “The solid phase material can be fabricated from any
number of synthetic materials . . . such as agarose, polystyrene, polyacrylamide, their
derivatives or mixtures thereof” (column 4, lines 18-22) and “is present as a particle or
matrix having a density greater than water” (column 4, lines 3-4), “such that a rapid
dispersal by agitation and sediment by gravity is facilitated” (column 3, line 65 to column
4, line 2). Pry’s disclosure is essentially the same as Grenier’s in this respect, and is
cited by the examiner for essentially the same reasons (Answer, pages 6 and 7).
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