Ex Parte Digan et al - Page 2

                Appeal 2007-1633                                                                             
                Application 09/480,236                                                                       
                                             INTRODUCTION                                                    
                      The claims are directed to a recombinant immunotoxin polypeptide or                    
                a pharmaceutically acceptable salt thereof.  Claims 35, 50, and 51 are                       
                illustrative:                                                                                
                      35.  A recombinant immunotoxin polypeptide or a pharmaceutically                       
                acceptable salt thereof comprising a CD3-binding domain and a                                
                Pseudomonas exotoxin (PE) mutant, said PE mutant having ADP-                                 
                ribosylating and translocation functions but substantially diminished cell-                  
                binding ability.                                                                             
                      50.  A recombinant immunotoxin polypeptide or a pharmaceutically                       
                acceptable salt thereof, wherein the polypeptide comprises the polypeptide                   
                encoded by the complement of a nucleotide sequence having at least 300                       
                bases which hybridizes to the nucleotide sequence of claim 49 (SEQ. ID.                      
                NO:2) under stringent hybridization conditions.                                              
                      51.  A recombinant immunotoxin polypeptide or a pharmaceutically                       
                acceptable salt thereof according to claim 36, wherein the CD3-binding                       
                domain comprises the Fv region, or a CD3-binding fragment thereof of an                      
                antibody selected from: monoclonal antibody UCHT-1, an antibody having a                     
                variable region which is at least 90% identical to the variable region of                    
                UCHT-1 as determined by use of the Bestfit program and is at least about                     
                90% as effective on a molar basis in competing with UCHT-1 for binding to                    
                human CD3 antigen and having at least one sequence segment of at least                       
                five amino acids of human origin.                                                            





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