Appeal 2007-1070
Application 09/467,901
Frank
10. Frank describes “a method to detect canine IgE using a canine Fc
epsilon receptor (FcεR) to detect canine IgE antibodies in a biological
sample from a canid” (Frank, Abstract).
11. Frank states:
The present invention relates to the discovery that purified high
affinity canine Fc epsilon receptor (i.e., FcεRI; referred to
herein as FcεR) can be used in canine epsilon immunoglobulin
(referred to herein as IgE or IgE antibody)-based detection (e.g.,
diagnostic, screening) methods and kits.
(Frank, col. 2, ll. 13-17.)
12. Frank describes the advantage of using FcεR in an IgE detection assay
instead of anti-IgE.
[A]ntibodies that bind selectively to . . . (i.e., anti-IgE
antibodies) . . . have been used to detect IgE. These anti-IgE
antibodies, however, can cross-react with other antibody
idiotypes . . . . The discovery of the present invention includes
the use of . . . (FcεR) . . . to detect the presence of IgE in a
putative IgE-containing composition. . . . A canine FcεR
molecule provides an advantage over, for example anti-IgE
antibodies, to detect IgE because a canine FcεR molecule . . .
can bind to a canine IgE with more specificity . . . and more
sensitivity . . . than anti-IgE binding antibodies.
(Frank, col. 1, ll. 24-41.)
13.
The use of canine FcεR in diagnostic methods and kits is
unexpected because the use of canine FcεR avoids
complications presented by use of antibodies that bind to IgE
(i.e., anti-IgE antibodies). Such complications include, for
example, non-specific binding of anti-IgE antibodies to other
classes of immunoglobulin such as gamma immunoglobulin
(i.e., IgG).
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