Ex Parte CHOUDARY et al - Page 4


                   Appeal No. 2004-2134                                                                Page 4                      
                   Application No. 09/425,075                                                                                      

                          then transformed with these constructs, and the resulting                                                
                          transformant secretes functionally assembled intact recombinant                                          
                          antibody molecules into the medium from where it is readily                                              
                          recovered using affinity purification procedures.                                                        
                                  Specificity of the produced antibody is determined by                                            
                          demonstrating the antibody-specific mRNA synthesis in                                                    
                          recombinant yeast using Northern blot analysis.  When the specific                                       
                          antibody is produced, immunoblot and ELISA analyses of                                                   
                          concentrated culture supernatants harvested a few days post-                                             
                          transformation reveal the presence of antigen-specific human,                                            
                          mouse or other mammalian species-specific immunoglobulins.                                               
                          Assaying of the culture supernatants by ELISA then shows specific                                        
                          binding activity to the specific antigen against which the antibody is                                   
                          raised or to a crossreactive congener.  The binding affinity of the                                      
                          produced recombinant IgG is the same as, and/or comparable to,                                           
                          that of the parent IgG.                                                                                  
                   Id. at 6-7.                                                                                                     
                                                         DISCUSSION                                                                
                          Claims 36-39 and 42-50 stand rejected under 35 U.S.C. § 103(a) as being                                  
                   rendered obvious by the combination of Horwitz, Cregg, the Invitrogen Catalog                                   
                   and Robinson.  As the claims stand or fall together, see Appeal Brief, page 7, we                               
                   focus our analysis on the method of claim 36.                                                                   
                          Horwitz is cited for teaching a method “for the production of an antibody in                             
                   S. cerevisiae yeast cells with the vectors comprising cDNA encoding for an                                      
                   antibody, a promoter and transcription terminator, and signal sequence.”                                        
                   Examiner’s Answer, page 4.  According to the rejection, “Horwitz [ ] does not                                   
                   teach a recombinant host P. pastoris, SMD1168 transformed with a vector for                                     
                   expression with dual expression cassettes, the Pichia alcohol oxidase promoter,                                 
                   alpha factor signal sequence, AOX1-P promoter.”  Id.                                                            








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