Ex Parte Bander - Page 2



             Appeal No. 2006-0352                                                           Παγε 2               
             Application No. 09/929,546                                                                          
                                                BACKGROUND                                                       
                   “PSMA is an integral membrane protein known to have a short intracellular tail                
             and a long extracellular domain.”  Specification, page 8.  Various researchers have                 
             reported that “PSMA is prostate-specific and shows increased expression levels in                   
             metastatic sites and in hormone-refractory states” (id.); that “PSMA is more strongly               
             expressed in prostate cancer cells relative to cells from the normal prostate or from a             
             prostate with benign hyperplasia” (id.); and that “PSMA is not found in serum” (id.).  On           
             the other hand, according to appellant, “the vascular endothelial cells supplying blood to          
             cancerous tissues . . . express an extracellular domain of [PSMA], irrespective of the              
             type of cancer involved . . . [while] vascular endothelial cells supplying blood to normal          
             tissues do not express an extracellular domain of [PSMA]” (id., page 17).                           
                   In any case, according to appellant, PSMA is “an attractive target for antibody               
             mediated . . . imaging and therapy of [ ] cancer” (id., page 8).  However, “antibody                
             molecules do not, under normal circumstances, cross the cell membrane unless they                   
             bind to the extracellular portion of a molecule and become translocated intracellularly,”           
             thus antibodies that bind the intracellular portion of PSMA “do[ ] not have access to [the]         
             antigenic target site in . . . viable cell[s]” and will only bind cells that are already dead       
             (id., page 9).                                                                                      
                   The present invention is directed to methods of treating cancer using “biological             
             agents,” in this case, polyclonal or monoclonal antibodies which bind the extracellular             
             domain of PSMA.  Appellant describes four “particularly preferred” biological agents,               
             monoclonal antibodies E99, J415, J533 and J591, to be “used alone or as a component                 
             in a mixture with other antibodies or other biological agents” (id., page 24).  “In a               
             particularly preferred embodiment . . . a first biological agent is conjugated with a               




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