Appeal No. 2006-2466 Page 11
Application No. 09/835,759
conclude that the examiner has set forth a prima facie case that it would have been
obvious to administer a tumor-associated antigen with ricin-anti-CD22 conjugate to
depress humoral immunity.
In particular, we do not agree with Appellant’s argument that “the conclusion
urged by the Office requires a[n unsupported] leap that correlates inducing a cellular
immune response (i.e., TH1) with depleting B cells.” Instead, based on the teachings of
Tachibana, we conclude that the obviousness rejection requires correlating depressing
humoral immunity with depleting B cells. In addition, based on the known relationship
between B cells and humoral immunity, we do not agree that this requires an
unsupported leap. Thus, we conclude that the examiner has set forth a prima facie
case of obviousness.
Summary
The examiner has not shown that the claims are anticipated. However, the
examiner’s obviousness rejection is supported by the preponderance of evidence.
Therefore, we reverse the anticipation rejection, but affirm the obviousness rejection.
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