Ex Parte SEED et al - Page 2


                 Appeal No. 2004-1736                                                          Page 2                    
                 Application No. 09/243,008                                                                              

                        receptor-bound target cell or a receptor-bound target infective                                  
                        agent; and                                                                                       
                                the second of said receptors comprising (a) an extracellular                             
                        portion which is capable of specifically recognizing and binding said                            
                        target cell or said target infective agent, and (b) an intracellular                             
                        portion which is derived from CD28.                                                              
                        79.     A cell which expresses at least two proteinaceous                                        
                        membrane-bound chimeric receptors,                                                               
                                the first of said receptors comprising (a) an extracellular                              
                        portion which is capable of specifically recognizing and binding a                               
                        target cell or a target infective agent, and (b) a transmembrane                                 
                        portion derived from a T cell receptor CD3, zeta, or eta polypeptide,                            
                        a B cell receptor, or an Fc receptor, and (c) an intracellular domain                            
                        that does not signal target cell or target infective agent destruction;                          
                        and                                                                                              
                                the second of said receptors comprising (a) an extracellular                             
                        portion which is capable of specifically recognizing and binding said                            
                        target cell or said target infective agent, and (b) an intracellular                             
                        portion which is derived from CD28.                                                              
                        The examiner does not rely on any references.                                                    
                        Claims 44-47, 51-52, 72-75, 79, 100 and 101 stand rejected under 35                              
                 U.S.C. § 112, first paragraph, as containing subject matter that was not                                
                 described in the specification in such a way as to reasonably convey to one                             
                 skilled in the art that the inventor(s), at the time the application was filed, had                     
                 possession of the claimed invention.  After careful review of the record and                            
                 consideration of the issue before us, we reverse.                                                       
                                                    BACKGROUND                                                           
                        According to the Specification,                                                                  
                                Although native T cell, B cell, and Fc receptors are or can be                           
                        highly complicated multimeric structures not lending themselves to                               
                        convenient manipulation, the present invention demonstrates the                                  
                        feasibility of creating chimeras between the intracellular domain of                             
                        any variety of molecules which are capable of fulfilling the task of                             
                        target recognition.  In particular, the formation of chimeras                                    





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