Appeal No. 09/975,899 Page 2
Application No. 2006-0292
Hallahan (Hallahan I) 6,159,443 Dec. 12, 2000
Hallahan (Hallahan II) WO 98/53852 Dec. 3, 1998
Patel et al. (Patel), “Spatially controlled cell engineering on biodegradable
polymer surfaces,” FASEB Journal, Vol. 12, pp. 1447-1454 (1998)
Mastrobattista et al. (Mastrobattista), “Cellular uptake of liposomes targeted to
intercellular adhesion molecule-1 (ICAM-1) on bronchial epithelial cells,”
Biochimica et Biophysica Acta, Vol. 1419, pp. 353-363 (1999)
Claim 6 stands rejected under 35 U.S.C. § 103(a) as being obvious over
the combination of Hallahan I, Hallahan II, the admission of prior art disclosed in
the specification, Mastrobattista and Patel. After careful review of the record and
consideration of the issue before us, we reverse.
DISCUSSION
Hallahan I is relied upon for teaching “a method of treating cancer, the
method comprising the steps of exposing a target tissue or organ to the ionizing
radiation and administering P-selectin antibody labeled delivery vehicle that carry
active agent to the tumors.” Examiner’s Answer, page 3. The reference is also
relied upon for teaching that following irradiation P-selectin is translocated to the
cell membrane, which is complete thirty minutes after irradiation. See id.
According to the examiner, “[t]he claimed invention differs from the reference
teaching in that [Hallahan I] does not teach a particle of biodegradable polymers
or PEGylated copolymers comprising antibodies that binds [sic, bind] to ICAM-1.”
Id. at 4.
Hallahan II is relied upon for teaching that exposing tissue to irradiation
causes an increase in expression of several cell adhesion molecules, including
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