Appeal No. 2004-0291
Application No. 09/091,561
As evidence of enablement, the appellants put forth four declarations.
The first Declaration is that of Jean Plouet dated 9/11/2000, and states that of the
four anti-idiotype monoclonal antibodies of the same isotype isolated, only one, A9,
binds to flk-1 but not flt-1. Declaration, page 6.
Another Declaration, that of Dr. Cazenave, stated that the “screening procedure
of the application has been established as an assay measuring the inhibition of
recombinant human VEGF toward recombinant human VEGFR2 by immunoglobulin.”
Cazenave Declaration, page 1.
Dr. Cazenave further states that “an analysis of the specificity of mice antibodies
by Radio Receptor Assay would involve only routine experimentation to identify anti-Id
immunoglobulin corresponding to the Ig2 J fraction of the present specification.” Id.
The second Declaration of Jean Plouet is dated 3/19/2002. In this Declaration,
the inventor Plouet confirms data submitted with the Declaration of Dr. Cazenave, and
states that
given the showing in the specification that about 15 to 20% of rabbits
produce the anti-idiotypic antibody having the claimed binding specificity, a
person skilled in the field of anti-idiotypic science would have at least a
“reasonable expectation” that a comparable percentage of mice would
produce an anti-idiotypic antibody having that binding specificity...
I also confirm that given the screening methods described in the
present specification, an analysis of the specificity of mice antibodies by
Radio Receptor Assay would involve only routine experimentation to
isolate and identify anti-id immunoglobulin corresponding to the Ig2 J
fraction of the present specification. It is only a matter of routine
experimentation to produce monoclonal antibodies from the candidate B-
lymphocytes and to identify those having the claimed specificity.
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007