Appeal No. 2006-2415 Page 9
Application No. 09/410,336
antibodies specific for a number of tumors including tumors of the gastrointestinal tract,
breast, liver, bladder, gonads and of melanoma.” Id.; see also Reply Brief (filed August
12, 2005), pages 4-5 (“To suggest that [Schmitt-Willich] is enabling for conjugates of
gadolinium-containing polymer complexes with monoclonal antibodies specific for tumor
associated antigens of the breast is fallacious.”).
We do not agree with Appellants that Schmitt-Willich fails to suggest the delivery
of a targeting agent to identify the specific location of a lesion within a breast duct.
While we note that only a single section of the reference discusses breast cancer, “[a]ll
the disclosures in a reference must be evaluated, including nonpreferred embodiments,
and a reference is not limited to the disclosure of specific working examples.” In re Mills,
470 F.2d 649, 651, 176 USPQ 196, 198 (CCPA 1972) (citations omitted).
The section of Schmitt-Willich discussing linking detectable complexing agents
to targeting agents such as antibodies clearly states that “[t]he complexing ligands (as
well as the complexes) . . . can . . . be attached on biomolecules or macromolecules, of
which it is known that they concentrate in the organ or organ part to be examined.”
Schmitt-Willich, column 13, lines 25-28.
Regarding the biomolecules to be coupled to the detectable moiety,
Schmitt-Willich states that “[e]specially to be stressed are conjugates
with . . . antibodies, such as, for example, monoclonal, for tumor-associated antigens.”
Id. at column 13, lines 34-37. Schmitt-Willich goes on to state that “for example for
visualization of tumors, monoclonal antibodies or their fragments Fab and F(ab’)2 are
suitable, which, for example, are specific for human tumors of the . . . breast.” Id. at
column 13, lines 48-57 (citations omitted, emphases added).
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