Appeal No. 2006-2892
Application No. 10/012,237
particular structure (i.e., the antigenic determinant or epitope) of the protein recognized
by the binding molecule.” Col. 10, ll. 31-36. Lal’s definition comports with art-
recognized definitions. Additionally, we interpret the term “specifically binds” to mean
binding with high affinity, as compared to “nonspecific binding.” Lodish et al., CELL
BIOLOGY 538-39 (5th ed. 2004). We do not interpret “specifically binding” to require that
binding is only to a specific protein, as Appellants urge. Rather, as the Examiner found
and consistent with Lal’s definition, “antibodies can cross-react with different proteins
having the same epitope/antigens.” Advisory Action at 3 (mailed Apr. 7, 2005).3
The Cited Prior Art
Like Appellants, Lal discloses regulatory proteins, referred to by Lal as “human
regulatory molecules” or HRM, “having at least one of the amino acid sequences selected
from the group consisting of SEQ ID NOS:1-48.” Col. 4, ll. 25-30. The reference also
discloses “a purified antibody which binds to an HRM.” Col. 4, ll. 65-67. According to
Lal, the term “‘antibody’ is a reference to one or more antibodies.” Col. 5, ll. 63-67.
Relevant to this case, Lal’s SEQ ID NO:24 is 431 amino acids in length and is 52.1%
identical to Appellants’ SEQ ID NO:227; of the 431 amino acids in Lal’s sequence, 430
match those on the carboxy terminal half of SEQ ID NO:227 without interruption (except
for a single mismatch). Sequence Comparison attached to non-final Office Action,
mailed May 10, 2004. See also Lal, cols. 95-97 (sequence for SEQ ID NO:24).
3 During examination, “claims are given their broadest reasonable interpretation
consistent with the specification.” In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664,
1667 (Fed. Cir. 2000), quoted with approval in In re Bigio, 381 F.3d 1320, 1324, 72
USPQ2d 1209, 1210-11 (Fed. Cir. 2004).
3
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