Appeal 2006-3020
Application 10/109,374
4. The Specification does not define the term “binding moiety,” but
does define “binding agent” to mean “a radiopharmaceutical . . . having an
affinity for and capable of binding to LTB4.” (Spec. 15: 0392.)
Additionally, Appellants’ “binding agents . . . hav[e] a Ki < 1000 nM.” (Id.)
We adopt this definition as the broadest reasonable one for “binding
moiety.”
5. The Specification defines “aryl” (or “aromatic residue”) to mean
“phenyl or naphthyl, which when substituted, the substitution can be at any
position.” (Spec. 16: 0400.)
6. The term “heteroaryl” is not defined in the Specification and thus
is given its broadest reasonable interpretation. We define this term to mean
the class of heteroaryl groups derived from heteroaromatics by removal of a
hydrogen atom from any ring atom; and “heteroaromatic” to mean “a closed-
ring structure, usually of either 5 or 6 members, in which one or more of the
atoms in the ring is an element other than carbon.” Hawley’s Condensed
Chemical Dictionary 100, 595 (11th ed. 1987). In defining this term, we do
not limit “heteroaryl” in the same way Appellants limited “aryl.”
The meaning of the phrase “aryl or heteroaryl alkyl ether” is not
defined in the Specification and thus is given its broadest reasonable
interpretation. (See Spec. 15: 0391 to 17: 0419.) In view of the teachings in
the Specification, we read this phrase to mean aryl alkyl ether or heteroaryl
alkyl ether. (See, e.g., Spec. 13: 0337-39; 15: 0388; 17-19: 0423-26; and 25:
0509 to 126: 1087.)
7. Claim 39 was added by amendment in March 2004 and was
labeled “new.” (Reply Pursuant to 37 C.F.R. § 1.111 (“2004 Reply”), at 28
(filed Mar. 18, 2004).) In their remarks, Appellants stated: “The ‘aryl or
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013