Appeal No. 2006-0632 Παγε 3
Application No. 09/929,665
by conventional competitive binding assays” (id., page 27). For example, “[a]
competition study was carried out to determine whether J591, J533, E99, and J415
detected the same or different antigenic sites (epitopes) of [PSMA]” (id., page 37). “The
results indicated that J591, J533, and E99 each interfere, compete, or block binding of
one another but do not block binding of J415 and vice versa” (id., page 38).
DISCUSSION
According to the examiner, “the specification [ ] provides a written description and
indicates possession of a genus of antibodies that bind to the extracellular domain of
PSMA and four species of such monoclonal antibodies, or species of the genus, e.g.
E99, J591, J415, or J533[,]” but does not provide descriptive support for “a subgenus of
antibodies that ‘compete for binding’ to E99, J591, J415, or J533” (Answer, pages 3-4).
Consequently, the examiner has rejected claims 144, 156-168 and 170-210,3 directed
to antibodies that compete with E99, J591, J415, or J533, under the first paragraph of
35 U.S.C. § 112.
Claim 144 is representative of the subject matter on appeal:
144. An isolated antibody or antigen binding portion thereof which competes for
binding to prostate specific membrane antigen (PSMA) with a monoclonal antibody
selected from the group consisting of an E99, a J415, a J533, and a J591 monoclonal
3 Claims 144, 156-168 and 170-210 are the only claims remaining in the
application, claims 1-143, 145-155, 169 and 211-231 having been previously canceled.
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