Appeal No. 2005-1504
Application No. 09/820,099
As indicated by claim 1, above, the present invention is said to be directed to a
method of administering a complex which comprises monomeric IgA, or a portion
thereof which binds to the IgA Fc receptor, Fc"RI, and a second “portion” which is
capable of binding to a target cell or antigen.
Discussion
The examiner argues that Shen discloses (I) “binding agents specific for the
Fc"R and [that] the binding agents triggers [sic, trigger] an Fc mediated effector cell
activity such as phagocytosis”; (ii)”bifunctional binding agents comprising an agent that
binds Fc"RI and a bacteria . . . or cancer cell or antigen . . . thereof”; (iii) a method of
administering the bifunctional agent to a subject intravenously; and (iv) “the binding
agents bind the Fc"R with the same affinity as a type of IgA which can be monomeric
IgA.” Answer, p. 3. With respect Monteiro,3 the examiner argues that the publication
evinces that “there is only a single class of IgA Fc receptor, Fc"RI, therefore since the
agent binds to Fc"RI, it would be obvious that the agent would bind to the Fc"RI
expressed on Kupffer cells. Id., pp. 3-4. The examiner concludes that
It would have been prima facie obvious to one of ordinary skill in the art at
the time the claimed invention was made to have used the complex comprising
monomeric IgA linked to a second antibody (bispecific agent) for the elimination
of a target cell or antigen.
3 We find that the examiner relies on Monteiro for its disclosure of the presence
of the Fc"R on Kupffer cells. A method of administering the complex described in claim
1 in Kupffer cells is limited to claim 9. Thus, given our disposition of this case, we need
not reach the teachings of this publication.
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