Appeal No. 2006-2466 Page 4
Application No. 09/835,759
comprising a TH1 response, in an individual having a TH2/TH1 imbalance
associated with a pro-tumor immune response.
Thus, claim 1 is directed to a composition comprising: (a) “tumor-associated
antigen capable of inducing a cell mediated immune response comprising a TH1
response” and (b) “an immunotherapeutic composition for effecting B cell depletion.”
The “immunotherapeutic composition” comprises an affinity ligand that selectively binds
to a determinant present on nonmalignant B cells and, upon binding, directly or
indirectly results in B cell depletion. Specification, pages 8-9.
Claim 69 is also directed to a composition comprising: (a) “tumor-associated
antigen capable of inducing a cell mediated immune response comprising a TH1
response” and (b) “an immunotherapeutic composition for effecting B cell depletion.”
However, claim 69 recites “an immunotherapeutic composition comprising a monoclonal
antibody having binding specificity for CD22” (emphasis added). In view of the
“comprising” language, we interpret this limitation as encompassing immunotherapeutic
compositions comprising an anti-CD22 mAb and another component, including a
component that is coupled to the anti-CD22 mAb. We note that this interpretation is
supported in the specification, which states that the affinity ligand of the
immunotherapeutic composition may be coupled to an anti-B cell agent, such as ricin A
chain. Page 10.
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