Appeal No. 2006-2466 Page 8
Application No. 09/835,759
ordinary skill in the art at the time the invention was made would have
been motivated to shift the anti-tumor immune response from a
humoral/antibody/TH2 immune response existing in the tumor-bearing
state to a cellular/TH1 immune response using a composition comprising
a B cell depleting agent as taught by Parkhouse et al[.] (i.e., anti-CD22
antibody-ricin conjugate) and a tumor-associated antigen (i.e., MUC1)
capable of inducing a TH1 response for tumor therapy.
Id., page 17.
Appellant argues that none of Apostolopoulos, Tachibana, Trinchieri, or Wang
“teach or suggest specifically depleting B cells and certainly do not teach or suggest
depleting B cells with an anti-CD22 antibody” and that “[t]here is simply no motivation
within Parkhouse, or in the other references, to make the combination proposed by the
Patent Office.” Amended Appeal Brief, page 11. In support of this position, Appellant
notes that the “claims recite an anti-CD22 antibody to effect B cell depletion, while
Parkhouse discloses an anti-CD22 antibody conjugated to the cellular toxin, ricin.
Given the anti-CD22 antibody-ricin conjugate of Parkhouse, at best, it might have been
obvious to try anti-CD22 antibody alone to see if B cells could be depleted.” Id.
Appellant also argues that “there would have to be a reasonable expectation that
modifying the anti-CD22-ricin conjugate to anti-CD22 without the conjugated ricin would
be able to effect B cell depletion.” Id. However, as noted by the examiner, the claims
encompass an immunotherapeutic composition that comprises an anti-CD22 mAb and a
component, such as ricin A chain, that is coupled to the anti-CD22 mAb. Thus,
Appellant’s arguments are not persuasive.
In addition, Appellant argues that “Apostolopoulos merely discloses that
conjugation of tumor-specific antigens with certain carriers may facilitate a tumor-
specific antigen in producing a cell mediated immune response rather than a humoral
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