Appeal No. 2003-1417 Page 2
Application No. 09/298,404
The examiner relies on the following references:
Frackelton, Jr. et al. (Frackelton) 4,543,439 Sep. 24, 1985
Ryan et al. (Ryan) 4,544,545 Oct. 1, 1985
Goldenberg 5,120,525 Jun. 9, 1992
Staerz et al. (Staerz), “Hybrid hybridoma producing a bispecific monoclonal
antibody that can focus effector T-cell activity,” Proc. Natl. Acad. Sci. USA,
Vol. 83, pp. 1453-1457 (1986)
Bird et al. (Bird), “Single-Chain Antigen-Binding Proteins, Science, Vol. 242,
pp. 423-426 (1988)
Claims 60-73 and 76 stand rejected for obviousness-type double patenting
over claims 30-39 and 44 of U.S. Patent 6,326,482.
Claims 60-66, 68, 69, and 71-73 stand rejected under 35 U.S.C. § 102(b)
as anticipated by Frackelton.
Claims 60-66, 68-73, and 76-84 stand rejected under 35 U.S.C. § 103 as
follows:
• claims 60-62 and 76 as obvious in view of Frackelton;
• claims 60-63, 70, 78, and 81-84 as obvious in view of Frackelton and Bird;
• claims 60-63 and 77-79 as obvious in view of Frackelton and Staerz
• claims 60-63 and 80 as obvious in view of Frackelton and Ryan
• claims 60-63 and 71-73 as obvious in view of Frackelton and Goldenberg.
We affirm the rejection for obviousness-type double patenting but reverse
the remaining rejections.
Background
“Interactions between ligands and the cognate cell surface receptors are
critical for a variety of biological processes. . . . Many of these ligands can
activate multiple independent pathways and the strength of the activation of
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