Ex Parte LOVE et al - Page 2


            Appeal No. 2006-2415                                                          Page 2              
            Application No. 09/410,336                                                                        

            ductal system . . . and therefore if diagnosed and treated, offer the greatest probability        
            of cure.”  Specification, page 7.                                                                 
                   The specification discloses that “[a]ll of these stages can be characterized by            
            unique cellular markers and epitopes, each of which can be targeted by specific                   
            molecules coupled to identifying agents to define the precise location of the lesions             
            within the ductal system.”  Id.  Thus, “the invention provides a method of identifying            
            atypical or cancerous cells lining or proximal to the ductal networks using an identifying        
            agent, for example, monoclonal antibodies.”  Id. at page 10.                                      
                   The identifying agent may itself have a detectable moiety, or it may “be coupled           
            to identifying compounds such as radio-opaque, radioactive or similarly detectable                
            substances. . . . The identification, localization, and delineation of the extent of the          
            intraductal lesion(s) greatly enhance the ability of physicians to localize and direct            
            appropriate therapies to the lesion(s).”  Id. at pages 10-11.                                     
                   Thus, for example, the invention “provides a method of locating a lesion that can          
            be detected by magnetic resonance imaging (MRI) or other such means that does not                 
            require the breast tissue to be opened, including also, e.g., positron emission                   
            tomography (PET).  A targeting molecule labeled with and/or conjugated to an MRI-                 
            detectable molecule . . . or opaque molecule, etc. or a radioactive compound . . . can            
            provide additional or separate guidance to a surgeon before cutting tissue, or to aid in          
            an MRI-assisted excisional biopsy.”  Id. at page 8.                                               











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