Appeal 2007-1633
Application 09/480,236
in the art at the time the invention was made to substitute a PE mutant for
the DT component of Neville’s immunotoxin.
As set forth in KSR Int’l Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741-
42, 82 USPQ2d 1385, 1397 (2007), “[i]n determining whether the subject
matter of a patent claim is obvious, neither the particular motivation nor the
avowed purpose of the patentee controls. What matters is the objective
reach of the claim. If the claim extends to what is obvious, it is invalid
under § 103”; see also In re Beattie, 974 F.2d 1309, 1312, 24 USPQ2d 1040,
1042 (Fed. Cir. 1992) (“[T]he law does not require that the references be
combined for the reasons contemplated by the inventor.”).
On reflection, we find no error in the Examiner’s prima facie case of
obviousness. Accordingly, we affirm the rejection of claim 35. Claims 36-
54 fall with claim 35.
CONCLUSION
In summary, we affirm all rejections of record.
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