Appeal 2007-1161
Application 09/954,166
immunoglobulin light chain of Dal Porto’s divalent molecule to achieve the
same result taught by Chang.
Obviousness is determined with respect to the level of skill of the
person of ordinary skill in the art. The evidence of record provided by the
Examiner establishes that the technical skill of the ordinary skilled worker at
the time the invention was made was high (Findings of Fact 21). Each of
Dal Porto, Chang, and Harris teach engineering of complexes of various
types of fusion proteins (Findings of Fact 22). Dal Porto describes heavy
chain immunoglobulin grafted with MHC domains (Dal Porto, p. 6673, col.
2; Findings of Fact 23). Chang discloses a dimeric fusion protein complex,
where each fusion protein comprises an extracellular TCR domain fused to a
coiled coil domain of leucine zippers (Chang, p. 11408; Findings of Fact
24). Harris teaches various types of extracellular domains fused to light and
heavy immunoglobulins (Harris, p. 6-7; Findings of Fact 25), similar in
structure to Dal Porto’s molecule. Thus, the skilled worker was technically
proficient in protein fusion technology and its use to improve the
characteristics of many different types of binding molecules, including
heterodimeric TCRs (Chang) as claimed here (Findings of Fact 26, 27).
Fusion of one TCR subunit to a light chain and the other TCR subunit to the
heavy chain is the same class of technical manipulation performed in Dal
Porto, Chang, and Harris and, as concluded above, well within the level of
ordinary skill in the art.
For the foregoing reasons, we find that the Examiner has presented
adequate evidence to establish prima facie obviousness of the claimed
method. We affirm the rejection of claim 43. Claims 44-52 and 54-61 fall
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