Appeal 2007-0856
Application 09/281,474
complexes with the radioisotopes that have imageable gamma ray or
positron emissions.” (Id. at 75.) Chelators can also be selected to form
therapeutic radiopharmaceuticals (id. at 80).
“The term ‘peptide’ . . . means “a linear compound that consists of
two or more amino acids . . . that are linked by means of a peptide bond. . . .
The term ‘peptide’ also includes compounds containing both peptide and
non-peptide components, such as pseudopeptide or peptidomimetic residues
or other non-amino acid components.” (Id. at 59.) “A . . . ‘peptidomimetic’
is a compound which mimics the structure of an amino acid residue or a
peptide, for example, by using linking groups other than amide linkages
between the peptide mimetic and an amino acid residue (pseudopeptide
bonds) and/or by using non-amino acid substituents and/or a modified amino
acid residue” (id.). “The term ‘amino acid’ . . . means an organic compound
containing both a basic amino group and an acidic carboxyl group” (id. at
58).
DISCUSSION
1. CLAIMS
Claims 1-10, 12-35, 48-50, 52, and 53 are pending and on appeal. We
will focus on independent claims 1, 52, and 53, which are representative.
The dependent claims subject to each rejection have not been separately
argued and will therefore stand or fall with the claim on which they depend.
37 C.F.R. § 41.37(c)(1)(vii).
Claim 1 is reproduced in the Claims Appendix of Appellants’ Brief,
and is directed to a compound comprising a peptide or peptidomimetic αvβ3
receptor targeting moiety bound to a chelator. Claim 1 further recites that
3
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