Appeal 2007-1633
Application 09/480,236
and translocation functions but substantially diminished cell-binding ability.
The CD3-binding domain comprises an anti-CD3 antibody or CD3-binding
fragment thereof. More specifically, the claim requires that the CD3-
binding domain comprises the Fv region, or a CD3-binding fragment thereof
of an antibody selected from:
(1) monoclonal antibody UCHT-1, and
(2) an antibody having
(i) a variable region which is at least 90% identical to the
variable region of UCHT-1 as determined by use of the Bestfit
program,
(ii) is at least about 90% as effective on a molar basis in
competing with UCHT-1 for binding to human CD3 antigen, and
(iii) has at least one sequence segment of at least five amino
acids of human origin.
Therefore, the CD3-binding domain must be an Fv region, or a CD3-binding
fragment thereof of an antibody selected from (1) monoclonal antibody
UCHT-1 or (2) an antibody defined in the claim by its structural and
functional properties. If the CD3-binding domain is not from monoclonal
antibody UCHT-1 (e.g., the second alternative), claim 51 places two
structural requirements on the antibody. The antibody must have:
(a) 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
(b) at least one sequence segment of at least five amino acids of
human origin.
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