Appeal No. 09/975,899 Page 3
Application No. 2006-0292
ICAM-1. See id. Hallahan II, according to the examiner, “teaches the invention
requires the over expression [of, sic] cell adhesion molecules, for example P-
selectin or ICAM-1, in endothelial cells caused by ionizing radiation, which then
allows said cell adhesion molecules to be targeted using specific binding
composition and selected agents.” Id.
The examiner relies on the specification for teaching that it is known that
exposure of normal and diseased tissue to irradiation causes an increase
leukocyte infiltration, and also teaches that the key component of this process is
the adhesion of leukocytes to the microvascular endothelium. See id. The
examiner further notes that the specification teaches that “[i]n response to
biochemical stimuli the endothelium become activated and increases its
expression of receptors of several cellular adhesion molecule[s] [sic] including E-
selectin, P-selectin and ICAM-1.” Id.
Mastrobattista is relied upon for teaching that antibodies bound to a
biomolecular carrier may be used to deliver a pharmaceutical to sites where
ICAM-1 expression is increased. See id. at 5.
Finally, Patel is relied upon for teaching drug carriers comprising a
biodegradable polymer or a PEGylated coplolymer, which provide the advantage
of remaining in circulation for longer periods of time. See id.
According to the examiner, both the prior art and the claimed invention
administer the same treatment, that is, irradiating a cancerous target tissue, and
administering a biodegradable particle comprising an antibody that binds to a
cellular adhesion molecule whose expression is increased by the irradiation, to
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