Appeal No. 2004-2138 Page 2
Application No. 08/765,324
producing hybridomas from the spleen, and
screening the hybridomas for binding to the desired apolipoprotein or
lipoprotein.
50. The method of claim 49 for making antibodies to a desired apolipoprotein
wherein the apolipoprotein is selected from the group consisting of Apo AI,
Apo AII, Apo B, Apo CIII, and Apo E.
51. The method of claim 49 for making antibodies to a lipoprotein wherein the
lipoprotein is selected from the group consisting HDL, LDL, and VLDL.
The examiner relies on the following reference:
Lee et al., “Properties of apolipoprotein B in urea and in aqueous buffers: The use of
glutathione and nitrogen in its solubilization,” Biochimica et Biophysica Acta, Vol. 666,
pp. 133-146 (1981)
Claims 48-51 stand rejected under 35 U.S.C. § 112, first paragraph, as lacking
an adequate written description in the specification.
We reverse, but enter new grounds of rejection of the claims on appeal.
Background
Lipoproteins are classified according to their density; the classes of lipoproteins
include very low density lipoproteins (VLDLs), low density lipoproteins (LDLs) and high
density lipoproteins (HDLs). Specification, page 1. Lipoproteins contain, among other
things, proteins known as apolipoproteins. There are four groups of apolipoproteins: A,
B, C, and E (or Apo A, Apo B, Apo C, and Apo E, respectively). Page 2. Each of these
groups comprises at least two different proteins; for example, the Apo A group includes
the proteins Apo A-I, Apo A-II, and Apo A-IV, and the Apo B group includes the proteins
Apo B-100 and Apo B-48. Id.
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