Professional Documents
Culture Documents
US11034762 Merged
US11034762 Merged
https://doi.org/10.1007/s12033-021-00373-0
ORIGINAL PAPER
Received: 4 April 2021 / Accepted: 16 July 2021 / Published online: 25 July 2021
© The Author(s), under exclusive licence to Springer Science+Business Media, LLC, part of Springer Nature 2021
Abstract
COVID-19, caused by SARS-CoV-2, is currently spreading around the world and causing many casualties. Antibodies against
such emerging infectious diseases are one of the important tools for basic viral research and the development of diagnostic
and therapeutic agents. CR3022 is a monoclonal antibody against the receptor binding domain (RBD) of the spike protein
(S protein) of SARS-CoV found in SARS patients, but it was also shown to have strong affinity for that of SARS-CoV-2. In
this study, we produced large amounts of three formats of CR3022 antibodies (scFv, Fab and IgG) with high purity using a
silkworm-baculovirus expression vector system. Furthermore, SPR measurements showed that the affinity of those silkworm-
produced IgG antibodies to S protein was almost the same as that produced in mammalian expression system. These results
indicate that the silkworm-baculovirus expression system is an excellent expression system for emerging infectious diseases
that require urgent demand for diagnostic agents and therapeutic agents.
Keywords Silkworm-baculovirus expression vector system · CR3022 antibody · scFv · Fab · IgG · SARS-CoV-2 · Spike
protein
Introduction rapidly spread around the world [1]. In May 2020, the
WHO recognized it as a pandemic, more than 106 million
In December 2019, coronavirus disease 2019 (COVID-19) people infected and 2.3 million people dead as of February
caused by the severe acute respiratory syndrome corona- 10, 2020 [2]. In 2002 and 2012, two other human corona-
virus 2 (SARS-CoV-2) broke out in Wuhan, China and viruses, SARS-CoV [3] and MERS-CoV [4], have spread
wide area. These three coronaviruses belong to beta-cor-
onaviruses, probably originated from bats, and have viral
* Takahiro Kusakabe
kusakabe@agr.kyushu-u.ac.jp envelope with spike glycoprotein (S protein) [5–7]. The S
protein is the major viral antigen and binds the host receptors
1
Laboratory of Insect Genome Science, Graduate School and mediates virus-host membrane fusion when the virus
of Bioresource and Bioenvironmental Sciences, Kyushu invades the host cells [8, 9]. The structure and function of
University, Motooka 744, Nishi‑ku, Fukuoka 819‑0395,
Japan the SARS-CoV-2 S protein have been analyzed in detail by
2 the previous studies [10] and revealed that its receptor bind-
Laboratory of Protein Structure, Function and Design,
Faculty of Pharmaceutical Sciences, Kyushu University, ing domain (RBD) adopts receptor binding sensitive (open
Higashi‑ku, Fukuoka 812‑8582, Japan or up) or insensitive (close or down) conformations within S
3
Laboratory of Sanitary Entomology, Faculty protein [11–13]. Both SARS-CoV-2 and SARS-CoV mainly
of Agriculture, Kyushu University, Motooka 744, Nishi‑ku, use human ACE2 membrane protein as a receptor [9] and
Fukuoka 819‑0395, Japan their amino acid sequences of RBD are highly conserved
4
Laboratory of Insect Genome Science, Faculty 73% [14].
of Agriculture, Kyushu University, Motooka 744, Nishi‑ku, The monoclonal antibody CR3022, a neutralizing anti-
Fukuoka 819‑0395, Japan body targeting the RBD domain of SARS-CoV, was iso-
5
Laboratory of Creative Science for Insect Industries, Faculty lated by screening using a phage display library constructed
of Agriculture, Kyushu University, Motooka 744, Nishi‑ku, from blood of a convalescent SARS patient from Singapore
Fukuoka 819‑0395, Japan
13
Vol.:(0123456789)
1224 Molecular Biotechnology (2021) 63:1223–1234
[15, 16]. Interestingly, the previous studies have shown that affinity to the S protein of SARS-CoV-2. The results showed
CR3022 is capable of binding to the RBD of SARS-CoV-2 that silkworm-BEVS was effective in producing high quality
in which 24 of the CR3022 buried region (28 residues) are and functional CR3022 antibodies.
conserved between SARS-CoV and SARS-CoV-2 [17].
Recent report also demonstrated that CR3022 neutralizes
SARS-CoV-2 through a neutralization mechanism that is Materials and Methods
not detectable in some assays [18], although other studies
showed that CR3022 does not neutralize SARS-CoV-2 prob- Cell Culture and Silkworm Strain
ably due to a single mutation, A384P, among the four uncon-
served residues [17, 19]. These studies suggest that CR3022 Insect culture cells, BmN (Bombyx mori-derived cells)
could be useful for therapeutic regent against COVID-19, cells (Funakoshi Inc.), were cultured at 27 °C using IPL-41
especially in combination with other neutralizing antibod- insect medium (Sigma, St. Louis, MO) containing 10% Fatal
ies. Structural and biochemical analyses revealed that the Bovine Serum (Gibco, Grand Island, NY). The f38 strain
binding epitope of CR3022 does not overlap with that of a of silkworm used in this study was provided by the Genetic
neutralizing antibody isolated from a SARS-CoV-2 patient, Resources Development Center, Faculty of Agriculture,
thus the multiple antibodies are able to bind to the S protein Kyushu University supported by the National BioResource
without competition [20, 21]. Project (NBRP). Silkworm larvae were reared by fresh mul-
In therapeutic and serological applications of antibodies, berry leaves at 25 to 27 °C.
in addition to IgG, which has high detection sensitivity and
high affinity for antigens due to its avidity effect, scFv and Construction of Recombinant Baculovirus
Fab are used because of their simple structure, high produc-
tivity, and small molecular weight, which makes it easy to The single chain variable fragments (scFv) of CR3022 heavy
control chemical modification of proteins and fusion with chain (Hc) (GenBank: ABA54613.1) and light chain (Lc)
large enzymes [22, 23]. Post-translational modifications are (GenBank: ABA54614.1) linked by a flexible peptide linker
important for antibodies to have biological functions, espe- (GGGGS × 3) was chemically synthesized (Integrated DNA
cially glycosylation, and it has been reported that the lack of Technologies Inc.). To construct gateway-based entry clones,
glycosylation actually lowers the affinity of antibodies to Fcγ the coding region of scFvs ( VHVL, VLVH) were amplified by
receptors [24]. The E. coli expression system is simple and polymerase chain reaction (PCR) with KOD-Plus-Neo DNA
capable of expressing a large amount of protein, but not suit- polymerase (TOYOBO, Tokyo, Japan) using the primer
able for IgG production due to lack of the post-translational sets (VHVL-F, R and VLVH-F, R, Table 1). The SalI and
modifications such as disulfide bonds and glycosylation. XhoI-digested amplicons were inserted into the modified
Hence, the IgG is typically produced by transfecting expres- pENTR11 (XhoI-digested pENTRL21c-TEV-H8S amplicon;
sion plasmids into mammalian cells, such as CHO cells or our laboratory stocks) vector by Ligation High (TOYOBO,
HEK293 cells [25, 26]. However, the selection of stable cell Tokyo, Japan). As described in our previous report [27], the
lines expressing high amount of IgG is time-consuming, and lobster L21 sequence (L21) was used to enhance transla-
transfection of large amount of plasmid is expensive when tion, the silkworm 30 K-signal peptide (30 K) to secrete
the commercially available kits are used. The baculovirus CR3022 antibodies into silkworm sera, and the C-terminal
expression vector system (BEVS) using cultured insect cells His8-STREP double tag is used to facilitate purification. The
is suitable for expressing eukaryotic proteins because of its resulting constructs were designated pENTR11-L21-30K-
post-translational modification is similar to that for mam- VH(G4S)VL-TEV-H8S and pENTR11-L21-30K-VL(G4S)
malian cells. The BEVS using silkworm (silkworm-BEVS) VH-TEV-H8S, respectively. To generate the Fab (HFab and
is a more efficient system than that using the insect cells Lc) expression vectors, CH1 and CL region were obtained
for expressing heterologous proteins. It is easy to scale up by PCR using the CH1-G-R, F and CL-G-R, F primer sets
without evaluating growth conditions; simply increasing the (Table 1) from the vector of our previous study [30], and
number of silkworms rearing. In fact, our laboratory has then these regions were connected to V H and V L gene by
successfully used the silkworm-BEVS to produce a variety the Gibson assembly method [31], respectively. Regarding
of useful proteins [27–29]. the Hc of IgG (HFab-Fc) expression vector, the Fc region
In this study, we proposed that silkworm-BEVS is effec- was connected to the HFab by PCR using Fc-G-F and Fc-
tive for rapid delivery of therapeutic and diagnostic agents G-R primers in the same manner as above. The resulting
against emerging infectious diseases, using the production of constructs were designated pENTR11-L21-30K-HFab-TEV-
recombinant CR3022 antibody as an example. We produced H8S, pENTR11-L21-30K-Lc-TEV-H8S, and pENTR11-
more than 1 mg of CR3022 in different formats, scFv, Fab, L21-30K-Hc-TEV-H8S respectively. As illustrated in
and IgG, from silkworm serum and evaluated its binding Fig. 1b, the resulting constructs were then transferred to the
13
Molecular Biotechnology (2021) 63:1223–1234 1225
modified pDEST8/v-cath-EGFP vector (Invitrogen, Carls- analysis. The samples were separated by 5–20% or 12%
bad, CA, our laboratory stock) by the Gateway LR reaction SDS-PAGE under the reducing or non-reducing conditions
to generate baculovirus transfer plasmid following the manu- and transferred onto polyvinylidene difluoride (PVDF)
facturer’s protocol. The five recombinant baculoviruses were membrane (Millipore, Billerica, MA), and further blocked
created using BmNPV/T3 bacmid DNA according to the in TBST buffer (20 mM Tris–HCl pH 7.6; 500 mM NaCl;
previous study [32]. The bacmid DNA was then transfected 0.1% w/v Tween-20) with 5% w/v skim milk. The membrane
into the BmN cell using Avalanche®-Everyday transfec- was incubated with HisProbe-HRP (1:5000) (Thermo Fisher
tion reagent (EZ Biosystems, College Park, MD, USA) to Scientific, Waltham, MA) at 4 °C. The specific protein bands
produce the recombinant virus particles. The culture super- were visualized using the Super Signal West Pico Chemi-
natant was harvested as the P1 virus on the 5th day after luminescent Substrate (Thermo Fisher Scientific, Waltham,
cell transfection. The high-titer virus (P3) stock (~ 1 × 107 MA).
plaque-forming unit/ml) was prepared through a serial infec-
tion of baculovirus in cultured cells. All viruses for silk-
worm infections were kept at 4 °C in the dark until use. Purification of Recombinant CR3022 Antibodies
Expression of Recombinant scFv, Fab and IgG The purification procedure was performed using HisTrap
in Silkworm Hemolymph excel column (GE Healthcare Bioscience, Piscataway, NJ)
and Strep-Tactin HP column (IBA GmbH, Germany). This
The recombinant baculovirus expressing the scFv (~ 1 × 105 protocol for two-step affinity chromatography was previ-
plaque-forming unit per larvae) were injected into the 5th ously optimized in our laboratory [27]. The clarified silk-
instar silkworm larvae (day 3). In the case of Fab and IgG, worm serum was diluted up to 50 mL by binding buffer
the two recombinant baculoviruses, expressing HFab and Lc (20 mM Tris–HCl pH 7.5; 0.5 M NaCl), and filtered through
or Hc and Lc, respectively, in different ratio were infected 0.45 μm filters (Millipore, Billerica, MA) after centrifuged
to BmN cells and all samples were prepared based on the at 9000 rpm for 10 min at 4 °C. The sample was loaded onto
method according to the previous study [27]. After optimiz- a 5 mL HisTrap excel column, and after washing with 25 mL
ing the co-infection ratio of two recombinant baculoviruses binding buffer containing 30 mM imidazole, the proteins
using BmN cells, the recombinant baculoviruses expressing were eluted with 12 mL and 15 mL binding buffer contain-
HFab and Lc or Hc and Lc were injected into the 5th instar ing 100 mM and 500 mM imidazole, respectively. The eluted
silkworm larvae (day 3) at a ratio of 3:1. Silkworm hemo- fractions containing antibodies were collected and concen-
lymph was collected into a tube containing 20 mM 1-phenyl- trated to 5 mL by ultrafiltration using Amicon Ultra-15 10 K
2-thiourea at 4 dpi and centrifuged at 9000 rpm for 10 min filters (Millipore, Billerica, MA).
at 4 °C to remove insoluble matter. The supernatant sample Then, the sample removing excess imidazole was further
was immediately frozen at − 80 °C. diluted up to 50 mL by PBS and load onto a 5 mL Strep-
Tactin column. After the wash with 25 mL of PBS, the pro-
SDS‑PAGE and Western Blotting Analysis teins were eluted with 24 mL of PBS supplemented with
2.5 mM desthiobiotin, then the fractions containing antibod-
The expression of CR3022 antibodies in all samples was ies were collected and concentrated to 2 mL by ultrafiltra-
analyzed using sodium dodecyl sulfate–polyacrylamide gel tion using Amicon Ultra-15 10 K filters. The concentrated
electrophoresis (SDS-PAGE) followed by Western blotting sample was dialyzed by PBS, and the final concentration of
13
1226 Molecular Biotechnology (2021) 63:1223–1234
13
Molecular Biotechnology (2021) 63:1223–1234 1227
◂Fig. 1 a Schematic diagram of the three formats of CR3022 antibod- UK). After 1 h incubation at 37 °C, the plate was washed,
ies (Hc: heavy chain, Lc: light chain, HFab: N-terminal half of one developed with TMB substrate and the reaction was stopped
heavy chain). In the scFvs (VHVL and VLVH), the antibody regions of
the VH and VL are linked by a linker (3 × G4S). All three formats have
by the addition of 2 N H2SO4. Then the absorbance read at
a purification tag for facilitating purification. b Construction of the 450 nm and 620 nm.
recombinant baculoviruses expressing the three formats of CR3022
antibodies (scFv, Fab and IgG). The expression of them were under
the control of the polyhedrin promoter (PH) and follow by an SV40
polyadenylation signal (SV40). B1 and B2: recombination sites for
Gateway cloning; L21: leader sequence for enhancing translation Results
efficiency; 30 K: signal peptide of silkworm 30 kDa protein; TEV:
tobacco etch virus protease cleavage site; 8xHis: 8 × Histidine tag; Construction of the Recombinant Baculoviruses
Strep: Strep tag
and Expression of scFv, Fab and IgG
the protein was quantified by ImageJ using bovine serum To establish the low cost and efficient expression system of
albumin (BSA) as standard. CR3022 scFv, Fab and IgG, we have generated 5 recombi-
nant baculoviruses shown in Fig. 1b as described under the
Spike‑Antibody Interaction Analysis by Surface Materials and methods. The Heavy chain (Hc) and Light
Plasmon Resonance (SPR) Experiments chain (Lc) of CR3022 sequence were codon-optimized for B.
mori s and were chemically synthesized. A signal peptide of
SPR experiments were performed using a Biacore X100 (GE a silkworm 30 kDa protein (30 K-signal peptide) was fused
Healthcare Bioscience, Piscataway, NJ) at 25 °C. SARS- to the N-termini of the target proteins, and a lobster L21
CoV-2 spike proteins were immobilized on a CM5 sensor sequence was inserted upstream of the 30 K-signal peptide
chip (Cytiva, Tokyo, Japan) using standard amine-coupling to increase the amount of protein translation. In addition,
chemistry. This SARS-CoV-2 Spike protein was expressed TEV cleavage site, His and STREP tag were fused to the
using a silkworm-baculovirus expression vector system and C-termini of all constructs for purification, except for the
purified from silkworm serum using the two-step chroma- Lc expression vector.
tography as well as the recombinant antibodies. Immobiliza- For scFvs ( VHVL, VLVH) expression, the 5th instar silk-
tion densities on flow cell 2 are ~ 2000 for CR3022 VHVL, worm larvae were infected with the corresponding recom-
VLVH, and Fab and ~ 1000 RU for IgG, respectively. Flow binant baculoviruses. The expression of these antibodies
cell 1 was left blank to serve as a reference surface. All the in silkworm hemolymph was then confirmed by Western
surfaces were blocked with 1 M ethanolamine, pH 8.5. A blotting analysis. As shown in Fig. 2a, b, V HVL and V LVH
two-fold dilution series of the antibodies (15.6–250 nM of were expressed in silkworm hemolymph and their predicted
VHVL, VLVH and Fab, 0.63–10 nM of IgG) diluted in a run- molecular weight were approximately 30 kDa regardless of
ning buffer (PBS with 0.005% Tween-20) was injected with reducing or non-reducing conditions, respectively.
a flow rate of 30 μL/min for 3 min followed by 10 min of To optimize the expression of Fab and IgG as heterodi-
dissociation step. The surfaces were regenerated with 30 s mer or heterotetramer, respectively, we varied the ratio of
injection of 10 mM Gly-HCl, pH 2.5 followed by 30 s injec- two viruses co-infected into BmN cells and confirmed the
tion of 3 M MgCl2. The data were fit to a simple 1:1 interac- expression of them by Western blotting at 3 dpi (the virus
tion model using the global data analysis available within combinations to express Fab and IgG are shown in Fig. 1b).
Biacore X100 evaluation software. Under the non-reducing conditions, it is demonstrated that
the optimal infection ratio of the two recombinant baculo-
ELISA viruses, HFab and Lc for Fab or Hc and Lc for IgG, was
3:1 in the medium of cultured BmN cells (Supplemental
ELISA was performed to examine the binding affinity of Fig. S1a, b). Therefore, this 3:1 of recombinant baculovi-
CR3022 IgG to S protein. The 96-well plate were coated ruses co-infection ratio was used for the efficient expression
with four concentrations of S protein (0.1, 1, 10, 100 ng) of Fab and IgG in silkworm larvae. As shown in Fig. 2a,
and incubated overnight at 4 °C. The plates were washed Lanes 3 and 4, the expression of the HFab of Fab or Hc of
four times with 300 μL PBST (PBS with 0.1% Tween-20), IgG with molecular weight of approximately 27 or 53 kDa,
blocked with 5% skim milk in PBST for 2 h at room temper- respectively, were confirmed by Western blotting (reducing
ature, and then the four concentrations of purified CR3022 conditions) in hemolymph of the 5th instar larvae at 4dpi.
IgG (0.01, 0.1, 1, 10 μg/mL) were added to the wells and Furthermore, the assembled Fab and IgG were observed in
incubated for 1 h at 37 °C. The plates were washed four the non-reducing conditions (Fig. 2b, Lanes 3 and 4). When
times and incubated with Anti-Human IgG Fc which con- the hemolymph of silkworm f38 strain was subjected to
jected with HRP (1:10,000) (#ab98624, Abcam, Cambridge, Western blotting analysis using His-probe, the non-specific
13
1228 Molecular Biotechnology (2021) 63:1223–1234
13
Molecular Biotechnology (2021) 63:1223–1234 1229
a
(kDa) His affinity (kDa) Strep affinity
100 100
66 66
55.6 55.6
37 37
29 29 V HV L
IP FT WS 1 2 3 4 5 6 7 8 9 10 IP FT WS 11 12 13 14 15 16 17 18 19
37 37
29 29 V LV H
IP FT WS 1 2 3 4 5 6 7 8 9 10 IP FT WS 11 12 13 14 15 16 17 18 19
c
(kDa) His affinity (kDa) Strep affinity
100 100
66 66
55.6 55.6
37 37
29 29 HFab
Lc
IP FT WS 1 2 3 4 5 6 7 8 9 10 IP FT WS 11 12 13 14 15 16 17 18 19
d
(kDa) His affinity Strep affinity
(kDa)
100
100
66
55.6 66
55.6 Hc
37 37
29 29
Lc
IP FT WS 1 2 3 4 5 6 7 8 9 10 IP FT WS 11 12 13 14 15 16 17 18 19
Fig. 3 Purification of the CR3022 antibodies from hemolymph of through; WS: wash fraction; lanes 1–4: elution fractions by 100 mM
silkworm larvae infected or co-infected with recombinant baculovi- imidazole; lanes 5–10: elution fractions by 500 mM imidazole; lanes
ruses using the two-step affinity chromatography (a VHVL, b VLVH, 11–19: elution fractions by 2.5 mM desthiobiotin. Protein samples
c Fab, d IgG) as described in Materials and Methods. The arrows from each step were resolved in 12% SDS-PAGE and visualized by
indicate the each of recombinant antibodies. IP: input; FT: flow- Coomassie Brilliant Blue (CBB) R-250 staining
13
1230 Molecular Biotechnology (2021) 63:1223–1234
Fig. 4 Binding affinity of CR3022 antibodies with S protein. The as described in Materials and Methods. The data were fit to a simple
binding affinity of CR3022 V HVL (a), VLVH (b), Fab (c) and IgG 1:1 interaction model using the global data analysis available within
(d) with S protein were measured using surface plasmon resonance Biacore X100 evaluation software
specific for pathogenic microorganisms are one of the most expression systems for mass production of scFv [38]. How-
important tools in these studies. ever, it is time-consuming to purify and refold the scFv
Using a Silkworm-BEVS, we produced three formats of expressed in E. coli from the inclusion body [39], whereas
CR3022 antibodies (scFvs, Fab and IgG) which have been the silkworm-BEVS is capable of producing scFvs compa-
first reported as a neutralizing antibody against the RBD of rable to the E. coli expression system without refolding. In
SARS-CoV and recently reported to bind strongly to that of addition, it is very difficult to produce Fab or IgG in E. coli
SARS-CoV-2. The S protein, the major antigen of SARS- which lacks post-translational modifications. Cultured mam-
CoV-2, is very similar to that of the previously prevalent malian cells also provide a platform for producing recom-
SARS-CoV, with 73% homology in amino acid sequences binant antibodies in large scale, but the screening of cell
of RBD, a target for diagnostic and therapeutic agents [34]. lines with high-expression and the modulation of culture
In this study, we produced more than 1 mg of four dif- conditions are time-consuming (minimum 12 months) [25].
ferent recombinant CR3022 antibodies from 10 mL of silk- Using silkworm-BEVS, it is possible to express and purify
worm hemolymph within a month (Fig. 3). Several expres- the biologically active Fab and IgG with correct disulfide
sion systems were used to produce human scFv [35–37] and bond formation in a much shorter time than mammalian cell
the E. coli expression system is one of the most suitable expression systems. For CR3022 IgG, it has been reported
13
Molecular Biotechnology (2021) 63:1223–1234 1231
Fig. 5 Binding affinity of
CR3022 IgG with S protein in
ELISA. The different concentra-
tions of CR3022 IgG (0.01, 0.1,
1, 10 μg/mL) were incubated
with the plates coated with the
different concentrations of S
protein (0.1, 1, 10, and 100 ng),
and then detected by an HRP-
conjugated Anti-Human IgG Fc
that an expression level of 130 μg per gram of fresh leaf CR3022 Fab produced using silkworm-BEVS (45.4 nM)
weight can be obtained using a transient expression system is higher than that of produced using mammalian system
in plants [40]. In this study, 130 μg of purified CR3022 IgG (115 nM). The CR3022 Fab and IgG used in this study were
was eventually purified and recovered from 1 mL of silk- designed to have two disulfide bonds (usually one) connect-
worm serum using silkworm-BEVS. Although it is difficult ing CH1 and C
L to enhance the productivity of the recombi-
to make a simple comparison, these results suggest that the nant antibodies. The KD of CR3022 Fab with two disulfide
expression level is comparable or more equivalent to that bonds produced in this study was 2.5-fold lower than that of
produced in plants. mammalian cell-produced CR3022 Fab with single disulfide
The SPR measurement showed that CR3022 IgG has bond, suggesting that an additional disulfide bond probably
higher affinity (KD = 0.21 nM) than VHVL, VLVH and Fab contributes to increase the binding activity of CR3022 Fab
(KD = 20.1 nM, 27.8 nM and 45.4 nM, respectively). The in the absence of Fc regions.
previous study measuring the affinity of CR3022 antibod- Dose-dependent binding of the CR3022 IgG produced
ies produced using the different expression system [14] using silkworm-BEVS were shown by ELISA, but the reac-
revealed that the CR3022 scFv produced by E. coli had a tion plateaued at a concentration of 100 ng of S protein
KD of 6.3 nM with the RBD, which is higher than that pro- per well (96-well plate). The detection limit in ELISA was
duced by the silkworm-BEVS. This result may be caused by ~ 100 pg (0.7 pM) of S protein, which is less sensitive than
the differences in the antigens or in coupling methods; the S other detection systems, as described in previous report
proteins were immobilized by amine-coupling in this study, [43], and would not be enough to detect the virus protein in
and RBD was enzymatic biotinylated and immobilized onto sera with low viral titers in early infected patients. To use
a strept-avidin chip in the other studies. The VHVL and VLVH the IgG as a diagnostic reagent to detect the SARS-CoV-2
of CR3022 produced using silkworm-BEVS showed almost from patient sera, the sensitivity of detection system such
equivalent productivity of 2.34 mg and 2.64 mg per 10 mL as an immunochromatography system needs to be improved
of silkworm serum, respectively, while the affinity of V HV L further. Since several SARS-CoV-2 antibodies recognizing
was slightly higher than that of V LVH. Previous studies have the different regions of RBD were reported [20, 21], it is
shown that the productivity and affinity of VHVL and V LVH possible to develop a highly sensitive detection system by
differ depending on the type of antibody [41, 42], and for combining the multiple antibodies without competition for
CR3022, VHVL was considered to be a more suitable form epitope binding.
of scFv for diagnostic and pharmaceutical applications than Recently, the antibody-dependent cellular cytotoxicity
VLVH. It was also reported that the affinity of CR3022 Fab or (ADCC) activity of monoclonal antibodies against several
IgG produced in mammalian cells with the RBD is 115 nM viruses-infected cells has been highlighted because of its
and < 0.1 nM, respectively [17]. The affinity of CR3022 IgG potential to decrease viral replication and reduce clinical
produced using silkworm-BEVS was almost the same as that symptoms [44, 45]. ADCC is one of the antiviral activ-
in the mammalian cells at 0.21 nM. In contrast, the KD of ity that induces the cellular cytotoxicity through a natural
13
1232 Molecular Biotechnology (2021) 63:1223–1234
killer (NK) cell expressing Fc receptors, which binds to Fc Coronavirus in patients with severe acute respiratory syndrome.
region of IgG. [46]. Therefore, this ability of antibodies to New England Journal of Medicine, 348(20), 1967–1976. https://
doi.org/10.1056/nejmoa030747
induce strong ADCC would be advantageous when used as 4. Zaki, A. M., van Boheemen, S., Bestebroer, T. M., Osterhaus,
therapeutic agents. The induction of ADCC is enhanced by A. D. M. E., & Fouchier, R. A. M. (2012). Isolation of a novel
the lack of α-1,6-fucose in the N-linked glycan (Asn-297 in Coronavirus from a man with pneumonia in Saudi Arabia. New
the CH2 domain) of the Fc region [47, 48]. Previous stud- England Journal of Medicine, 367(19), 1814–1820. https://doi.
org/10.1056/nejmoa1211721
ies showed that the antibodies secreted form the transgenic 5. Fan, Y., Zhao, K., Shi, Z. L., & Zhou, P. (2019). Bat coronavi-
silkworm lack this fucose and is demonstrated to have the ruses in China. Viruses. 11(3), 210
ability to induce the strong ADCC [49]. Considering these 6. Cui, J., Li, F., & Shi, Z. L. (2019). Origin and evolution of
reports, it is highly likely that CR3022 IgG produced using pathogenic coronaviruses. Nature Reviews Microbiology, 17(3),
181–192. https://doi.org/10.1038/s41579-018-0118-9
silkworm-BEVS can induce stronger ADCC than those pro- 7. Zhou, P., Yang, X. L., Wang, X. G., Hu, B., Zhang, L., Zhang,
duced by other expression systems, and is expected to be W., et al. (2020). A pneumonia outbreak associated with a new
highly effective in clinical applications. coronavirus of probable bat origin. Nature, 579(7798), 270–
273. https://doi.org/10.1038/s41586-020-2012-7
8. Tortorici, M. A., & Veesler, D. (2019). Structural insights into
coronavirus entry. Advances in Virus Research, 105, 93–116.
Conclusion https://doi.org/10.1016/bs.aivir.2019.08.002
9. Zhang, H., Penninger, J. M., Li, Y., Zhong, N., & Slutsky, A. S.
(2020). Angiotensin-converting enzyme 2 (ACE2) as a SARS-
In conclusion, we demonstrated that the silkworm-BEVS CoV-2 receptor: Molecular mechanisms and potential therapeu-
can produce antibodies in three different formats of CR3022 tic target. Intensive Care Medicine, 46(4), 586–590. https://doi.
easily in a short-term. Furthermore, the purified CR3022 org/10.1007/s00134-020-05985-9
antibodies showed almost the same affinity for the S pro- 10. Walls, A. C., Park, Y. J., Tortorici, M. A., Wall, A., McGuire, A.
T., & Veesler, D. (2020). Structure, function, and antigenicity
tein as those produced in mammalian cells. Thus, our study of the SARS-CoV-2 spike glycoprotein. Cell, 181(2), 281-292.
suggests that the silkworm-BEVS is suitable as an expres- e6. https://doi.org/10.1016/j.cell.2020.02.058
sion system for producing diagnostic and therapeutic agents 11. Walls, A. C., Xiong, X., Park, Y. J., Tortorici, M. A., Snijder, J.,
that can rapidly respond to emerging of infectious diseases Quispe, J., et al. (2019). Unexpected receptor functional mim-
icry elucidates activation of coronavirus fusion. Cell, 176(5),
including COVID-19. 1026-1039.e15. https://doi.org/10.1016/j.cell.2018.12.028
12. Li, T., Zheng, Q., Yu, H., Wu, D., Xue, W., Zhang, Y., et al.
Supplementary Information The online version contains supplemen- (2020). Characterization of the SARS-CoV-2 spike in an early
tary material available at https://d oi.o rg/1 0.1 007/s 12033-0 21-0 0373-0. prefusion conformation. bioRxiv. https://doi.org/10.1101/2020.
03.16.994152
Acknowledgements This work was supported in part by Cabinet 13. Henderson, R., Edwards, R., Mansouri, K., Janowska, K., Stalls,
Office, Government of Japan, Cross-ministerial Strategic Innovation V., Kopp, M., et al. (2020). Glycans on the SARS-CoV-2 spike
Promotion Program (SIP), “Technologies for Smart Bio-industry and control the receptor binding domain conformation. bioRxiv.
Agriculture” (funding agency: Bio-oriented Technology Research https://doi.org/10.1101/2020.06.26.173765
Advancement Institution, NARO). This work was partially supported 14. Tian, X., Li, C., Huang, A., Xia, S., Lu, S., Shi, Z., et al.
by Platform Project for Supporting Drug Discovery and Life Science (2020). Potent binding of 2019 novel coronavirus spike protein
Research (Basis for Supporting Innovative Drug Discovery and Life by a SARS coronavirus-specific human monoclonal antibody.
Science Research (BINDS)) from Japan Agency for Medical Research Emerging Microbes and Infections, 9(1), 382–385. https://doi.
and Development (AMED) under Grant Number JP20am0101091. org/10.1080/22221751.2020.1729069
15. van den Brink, E. N., ter Meulen, J., Cox, F., Jongeneelen, M.
A. C., Thijsse, A., Throsby, M., et al. (2005). Molecular and
Declarations biological characterization of human monoclonal antibodies
binding to the spike and nucleocapsid proteins of severe acute
Conflict of interest The authors declare that they have no conflict of respiratory syndrome coronavirus. Journal of Virology, 79(3),
interest. 1635–1644. https://doi.org/10.1128/jvi.79.3.1635-1644.2005
16. ter Meulen, J., van den Brink, E. N., Poon, L. L. M., Marissen,
W. E., Leung, C. S. W., Cox, F., et al. (2006). Human monoclo-
nal antibody combination against SARS coronavirus: Synergy
References and coverage of escape mutants. PLoS Medicine, 3(7), e237.
https://doi.org/10.1371/journal.pmed.0030237
1. Zu, Z. Y., Jiang, M. D., Xu, P. P., Chen, W., Ni, Q. Q., Lu, G. M., 17. Yuan, M., Wu, N. C., Zhu, X., Lee, C. C. D., So, R. T. Y.,
& Zhang, L. J. (2020). Coronavirus disease 2019 (COVID-19): A Lv, H., et al. (2020). A highly conserved cryptic epitope in
perspective from China. Radiology. https://d oi.o rg/1 0.1 148/r adiol. the receptor binding domains of SARS-CoV-2 and SARS-CoV.
2020200490 Science, 368(6491), 630–633. https://doi.org/10.1126/science.
2. Coronavirus disease (COVID-19). (n.d.). Retrieved February 26, abb7269
2021, from https://www.who.int/emergencies/diseases/novel- 18. Huo, J., Zhao, Y., Ren, J., Zhou, D., Duyvesteyn, H. M. E., Ginn,
coronavirus-2019. H. M., et al. (2020). Neutralization of SARS-CoV-2 by destruction
3. Drosten, C., Günther, S., Preiser, W., van der Werf, S., Brodt, of the prefusion spike. Cell Host and Microbe, 28(3), 445-454.e6.
H.-R., Becker, S., et al. (2003). Identification of a novel https://doi.org/10.1016/j.chom.2020.06.010
13
Molecular Biotechnology (2021) 63:1223–1234 1233
19. Wu, N. C., Yuan, M., Bangaru, S., Huang, D., Zhu, X., Lee, C.- 34. Grifoni, A., Sidney, J., Zhang, Y., Scheuermann, R. H., Peters,
C.D., et al. (2020). A natural mutation between SARS-CoV-2 B., & Sette, A. (2020). A sequence homology and bioinformatic
and SARS-CoV determines neutralization by a cross-reactive approach can predict candidate targets for immune responses to
antibody. PLOS Pathogens, 16(12), e1009089. https://doi.org/ SARS-CoV-2. Cell Host and Microbe, 27(4), 671-680.e2. https://
10.1371/journal.ppat.1009089 doi.org/10.1016/j.chom.2020.03.002
20. Shi, R., Shan, C., Duan, X., Chen, Z., Liu, P., Song, J., et al. 35. Stöger, E., Vaquero, C., Torres, E., Sack, M., Nicholson, L., Dros-
(2020). A human neutralizing antibody targets the receptor- sard, J., et al. (2000). Cereal crops as viable production and stor-
binding site of SARS-CoV-2. Nature, 584(7819), 120–124. age systems for pharmaceutical scFv antibodies. Plant Molecular
https://doi.org/10.1038/s41586-020-2381-y Biology, 42(4), 583–590. https://doi.org/10.1023/A:1006301519
21. Wu, Y., Wang, F., Shen, C., Peng, W., Li, D., Zhao, C., et al. 427
(2020). A noncompeting pair of human neutralizing antibodies 36. Damasceno, L. M., Pla, I., Chang, H. J., Cohen, L., Ritter, G., Old,
block COVID-19 virus binding to its receptor ACE2. Science, L. J., & Batt, C. A. (2004). An optimized fermentation process
368(6496), 1274–1278. https://doi.org/10.1126/science.abc22 for high-level production of a single-chain Fv antibody fragment
41 in Pichia pastoris. Protein Expression and Purification, 37(1),
22. Ahmad, Z. A., Yeap, S. K., Ali, A. M., Ho, W. Y., Alitheen, N. 18–26. https://doi.org/10.1016/j.pep.2004.03.019
B. M., & Hamid, M. (2012). ScFv antibody: Principles and clini- 37. Kurasawa, J. H., Shestopal, S. A., Jha, N. K., Ovanesov, M. V.,
cal application. Clinical and Developmental Immunology, 2012, Lee, T. K., & Sarafanov, A. G. (2013). Insect cell-based expres-
980250. https://doi.org/10.1155/2012/980250 sion and characterization of a single-chain variable antibody
23. Bera, T. K., Onda, M., Kreitman, R. J., & Pastan, I. (2014). An fragment directed against blood coagulation factor VIII. Protein
improved recombinant Fab-immunotoxin targeting CD22 express- Expression and Purification, 88(2), 201–206. https://doi.org/10.
ing malignancies. Leukemia Research, 38(10), 1224–1229. https:// 1016/j.pep.2012.12.008
doi.org/10.1016/j.leukres.2014.06.014 38. Miller, K. D., Weaver-Feldhaus, J., Gray, S. A., Siegel, R. W., &
24. Jefferis, R. (2008). Glycosylation of recombinant antibody thera- Feldhaus, M. J. (2005). Production, purification, and characteriza-
peutics. Biotechnology Progress, 21(1), 11–16. https://doi.org/10. tion of human scFv antibodies expressed in Saccharomyces cer-
1021/bp040016j evisiae, Pichia pastoris, and Escherichia coli. Protein Expression
25. Wurm, F. M. (2004). Production of recombinant protein therapeu- and Purification, 42(2), 255–267. https://doi.org/10.1016/j.pep.
tics in cultivated mammalian cells. Nature Biotechnology, 22(11), 2005.04.015
1393–1398. https://doi.org/10.1038/nbt1026 39. Sarker, A., Rathore, A. S., & Gupta, R. D. (2019). Evaluation of
26. Jäger, V., Büssow, K., Wagner, A., Weber, S., Hust, M., Frenzel, scFv protein recovery from E. coli by in vitro refolding and mild
A., & Schirrmann, T. (2013). High level transient production of solubilization process. Microbial Cell Factories, 18(1), 5. https://
recombinant antibodies and antibody fusion proteins in HEK293 doi.org/10.1186/s12934-019-1053-9
cells. BMC Biotechnology, 13(1), 1–20. https://doi.org/10.1186/ 40. Rattanapisit, K., Shanmugaraj, B., Manopwisedjaroen, S., Pur-
1472-6750-13-52 wono, P. B., Siriwattananon, K., Khorattanakulchai, N., et al.
27. Morifuji, Y., Xu, J., Karasaki, N., Iiyama, K., Morokuma, D., (2020). Rapid production of SARS-CoV-2 receptor binding
Hino, M., et al. (2018). Expression, purification, and characteri- domain (RBD) and spike specific monoclonal antibody CR3022
zation of recombinant human α1-antitrypsin produced using silk- in Nicotiana benthamiana. Scientific Reports. https://doi.org/10.
worm-baculovirus expression system. Molecular Biotechnology, 1038/s41598-020-74904-1
60(12), 924–934. https://doi.org/10.1007/s12033-018-0127-y 41. Lu, D., Jimenez, X., Witte, L., & Zhu, Z. (2004). The effect of var-
28. Kakino, K., Masuda, A., Hino, M., Ebihara, T., Xu, J., Mon, H., iable domain orientation and arrangement on the antigen-binding
et al. (2020). Efficient production of recombinant T7 endonuclease activity of a recombinant human bispecific diabody. Biochemical
I using silkworm-baculovirus expression vector system. Journal and Biophysical Research Communications, 318(2), 507–513.
of Asia-Pacific Entomology, 23(3), 694–700. https://doi.org/10. https://doi.org/10.1016/j.bbrc.2004.04.060
1016/j.aspen.2020.05.001 42. Riaño-Umbarila, L., Rojas-Trejo, V. M., Romero-Moreno, J. A.,
29. Fujita, R., Hino, M., Ebihara, T., Nagasato, T., Masuda, A., Lee, Costas, M., Utrera-Espíndola, I., Olamendi-Portugal, T., et al.
J. M., et al. (2020). Efficient production of recombinant SARS- (2020). Comparative assessment of the VH-VL and VL-VH ori-
CoV-2 spike protein using the baculovirus-silkworm system. entations of single-chain variable fragments of scorpion toxin-
Biochemical and Biophysical Research Communications, 529(2), neutralizing antibodies. Molecular Immunology, 122, 141–147.
257–262. https://doi.org/10.1016/j.bbrc.2020.06.020 https://doi.org/10.1016/j.molimm.2020.04.015
30. Shiroishi, M., Ito, Y., Shimokawa, K., Lee, J. M., Kusakabe, T., 43. Yan, Y., Chang, L., & Wang, L. (2020). Laboratory testing of
& Ueda, T. (2018). Structure–function analyses of a stereotypic SARS-CoV, MERS-CoV, and SARS-CoV-2 (2019-nCoV): Cur-
rheumatoid factor unravel the structural basis for germline- rent status, challenges, and countermeasures. Reviews in Medical
encoded antibody autoreactivity. Journal of Biological Chemistry, Virology, 30(3), e2106. https://doi.org/10.1002/rmv.2106
293(18), 7008–7016. https://doi.org/10.1074/jbc.M117.814475 44. Milligan, C., Richardson, B. A., John-Stewart, G., Nduati, R.,
31. Gibson, D. G., Young, L., Chuang, R. Y., Venter, J. C., Hutch- & Overbaugh, J. (2015). Passively acquired antibody-dependent
ison, C. A., & Smith, H. O. (2009). Enzymatic assembly of DNA cellular cytotoxicity (ADCC) activity in HIV-infected infants is
molecules up to several hundred kilobases. Nature Methods, 6(5), associated with reduced mortality. Cell Host and Microbe, 17(4),
343–345. https://doi.org/10.1038/nmeth.1318 500–506. https://doi.org/10.1016/j.chom.2015.03.002
32. Ono, C., Nakatsukasa, T., Nishijima, Y., Asano, S. I., Sahara, K., 45. Jegaskanda, S., Luke, C., Hickman, H. D., Sangster, M. Y., Wie-
& Bando, H. (2007). Construction of the BmNPVT3 bacmid sys- land-Alter, W. F., McBride, J. M., et al. (2016). Generation and
tem and its application to the functional analysis of BmNPV he65. protective ability of influenza virus-specific antibody-dependent
Journal of Insect Biotechnology and Sericology, 76(3), 161–167. cellular cytotoxicity in humans elicited by vaccination, natural
https://doi.org/10.11416/jibs.76.3_161 infection, and experimental challenge. Journal of Infectious Dis-
33. Wrapp, D., Wang, N., Corbett, K. S., Goldsmith, J. A., Hsieh, eases, 214(6), 945–952. https://doi.org/10.1093/infdis/jiw262
C. L., Abiona, O., et al. (2020). Cryo-EM structure of the 2019- 46. Carter, P. (2001). Improving the efficacy of antibody-based cancer
nCoV spike in the prefusion conformation. Science, 367(6483), therapies. Nature Reviews Cancer, 1(2), 118–129. https://doi.org/
1260–1263. https://doi.org/10.1126/science.abb2507 10.1038/35101072
13
1234 Molecular Biotechnology (2021) 63:1223–1234
47. Iida, S., Misaka, H., Inoue, M., Shibata, M., Nakano, R., Yamane- 49. Tada, M., Tatematsu, K., Ishii-Watabe, A., Harazono, A.,
Ohnuki, N., et al. (2006). Nonfucosylated therapeutic IgG1 anti- Takakura, D., Hashii, N., et al. (2015). Characterization of anti-
body can evade the inhibitory effect of serum immunoglobulin CD20 monoclonal antibody produced by transgenic silkworms
G on antibody-dependent cellular cytotoxicity through its high (Bombyx mori). MAbs, 7(6), 1138–1150. https://doi.org/10.1080/
binding to FcγRIIIa. Clinical Cancer Research, 12(9), 2879–2887. 19420862.2015.1078054
https://doi.org/10.1158/1078-0432.CCR-05-2619
48. Iida, S., Kuni-Kamochi, R., Mori, K., Misaka, H., Inoue, M., Publisher’s Note Springer Nature remains neutral with regard to
Okazaki, A., et al. (2009). Two mechanisms of the enhanced jurisdictional claims in published maps and institutional affiliations.
antibody-dependent cellular cytotoxicity (ADCC) efficacy of non-
fucosylated therapeutic antibodies in human blood. BMC Cancer,
9(1), 58. https://doi.org/10.1186/1471-2407-9-58
13
No. 21-___
IN THE
Supreme Court of the United States
TABLE OF CONTENTS
Page
QUESTION PRESENTED..........................................i
PARTIES TO THE PROCEEDING .......................... ii
CORPORATE DISCLOSURE STATEMENT .......... ii
STATEMENT OF RELATED PROCEEDINGS....... ii
TABLE OF AUTHORITIES .................................... vii
INTRODUCTION ....................................................... 1
OPINIONS BELOW ................................................... 5
JURISDICTION ......................................................... 5
STATUTORY PROVISION INVOLVED ................... 6
STATEMENT ............................................................. 7
A. The Patent System’s Fundamental
Quid Pro Quo .............................................. 7
B. Sloan Kettering’s Invention ....................... 9
C. Kite’s Willful Infringement ...................... 13
D. The Federal Circuit Applies Its
“Written Description” Test And
Overrides The Work Of The
Patent Office, The Jury, And
The District Court .................................... 14
REASONS FOR GRANTING THE WRIT ............... 18
I. THE FEDERAL CIRCUIT’S
PERSISTENT INTERPRETATION OF
§ 112 IS CONTRARY TO THE STATUTE
AND THIS COURT’S PRECEDENT ............... 18
v
TABLE OF CONTENTS
(continued)
Page
TABLE OF CONTENTS
(continued)
Page
PATENT APPENDIX:
U.S. Patent No. 7,446,190 ................................ 1b
vii
TABLE OF AUTHORITIES
Page(s)
CASES
AbbVie Deutschland GmbH & Co. v.
Janssen Biotech, Inc.,
759 F.3d 1285 (Fed. Cir. 2014) ...................... 15, 22
Amgen Inc. v. Sanofi,
872 F.3d 1367 (Fed. Cir. 2017) ............................ 35
Ariad Pharms., Inc. v. Eli Lilly & Co.,
598 F.3d 1336 (Fed. Cir. 2010)
(en banc) ................................ 15, 16, 19, 20, 22, 23,
26, 27, 28, 31, 33, 37
Artis v. District of Columbia,
138 S. Ct. 594 (2018) ............................................ 19
Ass’n for Molecular Pathology v. Myriad
Genetics, Inc.,
569 U.S. 576 (2013) ................................................ 9
Biogen Int’l GMBH v. Mylan Pharms. Inc.,
18 F.4th 1333 (Fed. Cir. 2021)............................... 6
Biogen Int’l GmbH v. Mylan Pharms Inc.,
28 F.4th 1194 (Fed. Cir. 2022)............................. 37
Donner v. Am. Sheet & Tin Plate Co.,
165 F. 199 (3d Cir. 1908) ..................................... 25
Evans v. Eaton,
20 U.S. 356 (1822) ................................................ 27
Facebook, Inc. v. Duguid,
141 S. Ct. 1163 (2021) .......................................... 20
viii
TABLE OF AUTHORITIES
(continued)
Page(s)
Festo Corp. v. Shoketsu Kinzoku
Kogyo Kabushiki Co.
535 U.S. 722 (2002) .............................................. 28
Gill v. Wells,
89 U.S. (22 Wall.) 1 (1874) ................................... 27
Graver Tank & Mfg. Co. v. Linde Air
Prods. Co.,
339 U.S. 605 (1950) .............................................. 35
Gross v. FBL Fin. Servs., Inc.,
557 U.S. 167 (2009) .............................................. 19
Helsinn Healthcare S.A. v. Teva
Pharms. USA, Inc.,
139 S. Ct. 628 (2019) .............................................. 9
Ill. Tool Works, Inc. v. Foster Grant Co.,
547 F.2d 1300 (7th Cir. 1976) .............................. 25
In re Ruschig,
379 F.2d 990 (C.C.P.A. 1967)............................... 16
In re Wands,
858 F.2d 731 (Fed. Cir. 1988) ........................ 15, 21
J.E.M. Ag Supply, Inc. v. Pioneer Hi-
Bred Int’l, Inc.,
534 U.S. 124 (2001) .............................................. 26
KSR Int’l Co. v. Teleflex Inc.,
550 U.S. 398 (2007) ................................................ 9
Loving v. IRS,
742 F.3d 1013 (D.C. Cir. 2014) ............................ 23
ix
TABLE OF AUTHORITIES
(continued)
Page(s)
Markman v. Westview Instruments,
517 U.S. 370 (1996) ...................................... 8, 9, 26
Mayo Collaborative Servs. v.
Prometheus Labs., Inc.,
566 U.S. 66 (2012) ...................................... 2, 26, 28
Pfaff v. Wells Elecs., Inc.,
525 U.S. 55 (1998) ............................................ 1, 30
Philip A. Hunt Co. v. Mallinckrodt
Chem. Works,
177 F.2d 583 (2d Cir. 1949) ................................. 25
Regents of the Univ. of Cal. v. Eli Lilly & Co.,
119 F.3d 1559 (Fed. Cir. 1997) ............................ 16
Rimini Street, Inc. v. Oracle USA, Inc.,
139 S. Ct. 873 (2019) ............................................ 23
SCA Hygiene Prods. Aktiebolag v. First
Quality Baby Prods., LLC,
137 S. Ct. 954 (2017) ............................................ 19
Schriber-Schroth Co. v. Cleveland Tr. Co.,
305 U.S. 47 (1938) ................................................ 27
The Telephone Cases,
126 U.S. 1 (1888) .............................................. 1, 24
United States v. Dubilier Condenser Corp.,
289 U.S. 178 (1933) .............................................. 25
Univ. of Rochester v. G.D. Searle & Co.,
375 F.3d 1303 (Fed. Cir. 2004) ............................ 31
x
TABLE OF AUTHORITIES
(continued)
Page(s)
Universal Oil Prods. Co. v. Globe
Oil & Ref. Co.,
322 U.S. 471 (1944) ........................................ 25, 30
Vas-Cath Inc. v. Mahurkar,
935 F.2d 1555 (Fed. Cir. 1991) ............................ 16
CONSTITUTIONAL AND STATUTORY AUTHORITIES
U.S. Const. art. 1, § 8, cl. 8.................................... 7, 29
16 U.S.C. § 973c......................................................... 21
28 U.S.C. § 1254 .......................................................... 5
28 U.S.C. § 1295 .......................................................... 4
35 U.S.C. § 101 ...................................................... 9, 26
35 U.S.C. § 102 ............................................................ 9
35 U.S.C. § 103 ............................................................ 9
35 U.S.C. § 112 ........................... 1, 2, 6, 7, 8, 9, 15, 17,
18, 21, 22, 23, 24, 26,
27, 28, 29, 31, 32
35 U.S.C. § 132 .................................................... 16, 28
35 U.S.C. § 282 .......................................................... 17
35 U.S.C. § 285 .......................................................... 17
Patent Act of 1793, 1 Stat. 318 ............................... 7, 8
Patent Act of 1836, 5 Stat. 117 ................................... 8
xi
TABLE OF AUTHORITIES
(continued)
Page(s)
OTHER AUTHORITIES
37 C.F.R. § 1.821 ......................................................... 9
Dmitry Karshtedt, Mark A. Lemley &
Sean B. Seymore, The Death of the
Genus Claim, 35 Harv. J. L. &
Tech. 1 (2021) ....................................... 2, 15, 31, 33
Jeffrey A. Lefstin, The Formal
Structure of Patent Law and the
Limits of Enablement, 23 Berkeley
Tech. L.J. 1141 (2008) .......................................... 35
Arti K. Rai, Intellectual Property Rights
in Biotechnology: Addressing New
Technology, 34 Wake Forest L. Rev.
827 (1999) ............................................................. 16
Allen K. Yu, The En Banc Federal
Circuit’s Written Description
Requirement: Time for the
Supreme Court to Reverse Again?,
33 Cardozo L. Rev. 895 (2012) ............................. 31
INTRODUCTION
This case concerns a provision of American patent
law that has existed since the first Patent Act of 1790.
Now located in 35 U.S.C. § 112(a), this provision
prescribes what an inventor’s “specification” must
disclose to the public to obtain a patent: “a written
description of the invention, and of the manner and
process of making and using it, in such full, clear,
concise, and exact terms as to enable any person
skilled in the art to which it pertains, or with which it
is most nearly connected, to make and use the same,
and shall set forth the best mode contemplated by the
inventor or joint inventor of carrying out the
invention.” This provision embodies the “carefully
crafted bargain,” Pfaff v. Wells Elecs., Inc., 525 U.S.
55, 63 (1998), that lies at the core of patent law: In
exchange for a limited period of exclusivity, inventors
must disclose their invention to the public. The
question presented here is this: What scope of
disclosure does § 112(a) require?
No modern case of this Court has turned on this
question. But the Court has been consistent,
throughout its history, in understanding Congress’s
language to require exactly what it says: Inventors
must provide a written description of their invention
in a way that enables a skilled worker “to make and
use” it. Thus, “it is enough if [the inventor] describes
his method with sufficient clearness and precision to
enable those skilled in the matter to understand what
the process is, and if he points out some practicable
way of putting it into operation.” The Telephone
Cases, 126 U.S. 1, 535-36 (1888). More recently, the
Court has likewise stated that “Section 112 requires
only a ‘written description of the invention … in such
2
1In Amgen Inc. v. Sanofi (No. 21-757), this Court has called for
the Solicitor General’s views on the very same statute, albeit
with respect to the Federal Circuit’s distinct “enablement”
requirement. Because both cases involve the same sentence in
5
OPINIONS BELOW
The Federal Circuit’s opinion (Pet.App.1a-22a) is
reported at 10 F.4th 1330. The opinion of the U.S.
District Court for the Central District of California
denying Kite’s post-trial motion for judgment as a
matter of law (Pet.App.26a-81a) is unreported but
available at 2020 WL 10460622. The jury verdict
(Pet.App.82a-84a) is unreported. The district court’s
judgment (Pet.App.23a-25a) is unreported. The
Federal Circuit’s order denying rehearing
(Pet.App.85a-86a) is unreported.
JURISDICTION
The Federal Circuit issued its opinion on August 26,
2021, and denied Plaintiffs’ timely rehearing petition
on January 14, 2022. On March 7, 2022, Chief Justice
Roberts granted an extension of time to file this
petition by June 13, 2022. No. 21A461 (U.S.).
Jurisdiction in this Court exists under 28 U.S.C.
§ 1254(1).
the statute, the Court may also wish to call for the Solicitor
General’s views here prior to granting review.
6
governs this case, the AIA left the statute’s operative language
unchanged. Compare 35 U.S.C. § 112(a)-(b) (post-AIA), with 35
U.S.C. § 112, ¶¶ 1-2 (pre-AIA); see generally Biogen Int’l GMBH
v. Mylan Pharms. Inc., 18 F.4th 1333, 1341 n.5 (Fed. Cir. 2021)
(AIA’s amendments “bear no significance for purposes of [the
Federal Circuit’s] written-description analysis”). For ease of
reference, this petition generally refers to the AIA version’s
lettered sections.
7
STATEMENT
A. The Patent System’s Fundamental
Quid Pro Quo
The American patent system rests on the
Constitution’s Intellectual Property Clause, which
gives Congress the “Power … To promote the Progress
of Science and useful Arts, by securing for limited
Times to Authors and Inventors the exclusive Right to
their respective Writings and Discoveries.” U.S.
Const. art. 1, § 8, cl. 8. The Framers’ insight that
incentives are essential to innovation underlies the
patent system’s fundamental quid pro quo: the
inventor teaches the public to make and use the
invention, and the public gives the inventor the
exclusive right to make, use, and profit from it for a
limited period of time.
To effectuate this bargain, Congress has
consistently required that a patent application
contain written disclosures allowing skilled artisans
to make and use the invention. This requirement,
which has existed in substantially the same form
since George Washington’s presidency, involves “a
written description of the invention, and of the
manner and process of making and using it, in such
full, clear, concise, and exact terms as to enable any
person skilled in the art to which it pertains … to
make and use the same.” 35 U.S.C. § 112(a); see
Patent Act of 1793 § 3, 1 Stat. 318, 321 (“written
description of his invention, and of the manner of
using, or process of compounding the same, in such
full, clear and exact terms, as to … enable any person
skilled in the art or science … to make, compound,
and use the same”).
8
scFv
signaling
domain
signaling domain was invalid, and that the patent did not satisfy
the Federal Circuit’s “enablement” test, which requires that “the
specification teach those in the art to make and use the invention
without undue experimentation.” In re Wands, 858 F.2d 731, 737
(Fed. Cir. 1988). The jury and district court rejected these
arguments, and the Federal Circuit did not reach them.
4 A “genus claim” “covers a group of structurally related products
1996 SCC OnLine Cal 145 : AIR 1996 Cal 367 : (1997) 1 Cal LT 123 : (1996) 2
AP LJ (DNC) 62 : (1997) 17 PTC 756 : (1996) 23 CLA (SN) 39 : (1995-96) 100
CWN 562
Page: 369
No. 2 is a Company which has been incorporated recently and is a collaboration of two
Companies, i.e., respondent No. 1 and Proctor and Gamble India Ltd. which is a
subsidiary of an American Company having its Headquarters in U.S.A. The respondent
No. 3 is one of the distributors of the respondents Nos. 1 and 2 for sale of their
products in an around the city of Calcutta. The plaintiff/petitioner holds and owns
more than one hundred and seventy active Patents granted by the Government of
India under the Patents Act for inventions in different fields including detergents,
soaps, their process of manufacture etc. etc.
applications for Patent in respect of an invention relating to detergent bars suitable for
personal bathing or fabric washing under application No. 275/BOM/88 and the
improved process for preparing detergent bars suitable for personal or fabric washing
under application No. 274/BOM/88. The said two applications were accepted for grant
and the acceptances were notified in the Official Gazettes. The Patent Application No.
275/BOM/88 which was accepted under Serial No. 170171 was duly granted and
sealed by the Controller after the disposal of the proceedings under Sec. 27 of the
Patents Act, 1970 initiated at the instance of the defendant No. 1, before the Deputy
Controller of Patents, Bombay. The respondent No. 1 filed opposition proceedings
against the Patent Application No. 274/BOM/88 accepted and published under Serial
No. 170480 and the opposition was pending before the Dy. Controller of Patents,
Bombay. After hearing the parties the Dy. Controller of Patents, Bombay, directed the
Patent Application No. 170171 to proceed to sealing and accordingly the Patent was
granted and sealed on 23rd April, 1993. The petitioner has duly deposited the overdue
as well as current renewal fees upon the sealing of Patent No. 1701 and the Patent is
at present valid and subsisting. Upon acceptance of the said application, the
specification of other documents relating to the said two Patent Applications were laid
upon to public and thus, all the information relating to the inventions were made open
to the public.
4. The petitioner-company had at the material time and still has a Committee of
Senior Managers which review the quality of its product and also the quality of its
competitors' products on a regular basis. The respondent No. 1 is the manufacturer of
a bathing bar and/or a soap named ‘VIGIL’ which is marked by the respondent No. 2
and distributed by the respondent No. 3. The said Committee of the petitioner upon
finding that the said product ‘VIGIL’ had the legend ‘ALL NEW” and “THE LONGER
LASTING SOAP” caused the said product ‘VIGIL’ to be analysed to ascertain its
composition. The personal washing bar ‘VIGIL’ (also called a toilet soap) with
manufacturing dates of January, February and April, 1993 were analysed at the
petitioner's laboratories and the petitioner came to know that the composition of the
said bathing soap ‘VIGIL’ was within the range of all or some of the claims of Patent
No. 170171 of the petitioner which stands sealed and granted. A copy of the analysis
report has been annexed with the application of injunction and marked with the letter
“C”.
5. By reason of the Patent Specification No. 170131 of the petitioner, the patentee
enjoys exclusive right and monopoly in respect of the composition consisting of:—
(i) 25 to 60% by wt. detergent of which at least 50% by wt. is soap.
(ii) 40 to 55% water insoluble structurant including starch and having a particle
size of between 0.2 to 30 um. and,
(iii) 8 to 15% by wtc. water.
6. The respondents had access to the specification of Patent No. 170171 since the
notification after acceptance, i.e., on 15th February, 1992 and they have wrongfully
and illegally copied and materially utilised and reproduced the composition of the said
Patent No. 170171 and have thus wrongfully and illegally infringed the said Patent of
the petitioner.
7. The toilet soap of the respondents sold under the trade mark ‘VIGIL’ has a
wrapper
Page: 370
which also bears the words “ALL NEW” very prominently and distinctly together with
the words “The LONGER LASTING SOAP” is to make the trade and public believe that
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 3 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
the toilet soap is an improved product. The said soap is available throughout the
country including Calcutta through almost all retail outlets and the respondents have
taken wrongful advantage of the publication of the invention of the petitioner under
Patent No. 170171 and Patent Application No. 274/BOM/88 in the Official Gazette
notified for opposition purposes. On examination of the wrappers of the aforesaid
samples of the toilet soap of the respondents, it is found that there is no mention of
the TFM (Total fatty matter) content of the soap. It is usual in the trade to mention the
TFM level and different soap manufacturers including the respondent No. 1 and the
petitioner indicate all TFM level of the TFM in the wrappers. The respondents Nos. 1
and 2 have deliberately and with a mala fide motive suppressed the use of the low
TFM in the impugned product in view of the consumer perception on high TFM level.
The respondents have not indicated the TFM level of the impugned toilet soaps in the
wrappers as the petitioner's said Patent No. 170171 is the invention of a composition
of detergent bars containing low TFM but having satisfactory properties.
8. By reason of the aforesaid wrongful and illegal acts of the respondents the
petitioner company has suffered an irreparable loss, damage, injury and prejudice.
There exists no standard for ascertaining the actual damage caused or likely to be
caused to the petitioner company and if the respondents are permitted to carry on and
continue with its wrongful and illegal acts, compensation in money could not be afford
adequate relief to the petitioner.
9. Hence the prayers for temporary injunction as follows:—
“(a) an order of injunction restraining the respondents, their servants, agents etc.
from in any way infringing the Patent No. 170131 of the petitioner;
(b) a temporary injunction restraining the respondents, their servants, agents etc.
from manufacturing, selling etc., the impugned bathing bar Vigil with the words
“ALL NEW” AND “THE LONGER LASTING SOAP” which uses and/or utilises the
composition of the Patent No. 170131 of the petitioner; and
(c) such further or other orders be made as the Court may deem fit and proper.
10. In the affidavit-in-opposition on behalf of the respondent No. 1, it has been
stated that the respondent No. 1 is a multinational company and a competitor to the
plaintiff in soap industry. The first respondent is a pioneer in the field of manufacture
and sale of Toilet Soaps in India for the last 60 years. Since 1987 the first respondent
has been manufacturing and selling the brand of low-priced popular Toilet Soap under
the Trade Mark “VIGIL”. Since November, 1991 they have been selling the Toilet Soap
under the same Trade Mark “VIGIL” with a variant ‘Pink’. The said product is sold in a
wrapper and bears the words “All New” and the words “The Longer Lasting Soap”. The
said soap is marketed all over India by the second respondent through a net-work of
2000 stockists.
11. Although the first respondent has been utilising various admixtures for various
soaps, they did not apply for or obtain any patent for such admixture as a substance
obtained by a mere admixture is not an invention within the meaning of Section 3(e)
of the Patents Act, 1970. According to the respondent No. 1, the alleged invention
under the Patent No. 170131 of the plaintiff is a mere admixtures and is not an
invention as claimed by them. The first respondent has challenged the order passed by
the Deputy Controller of Patents, Bombay by filing an appeal being Misc. Petition No.
24 of 1993 in the Bombay High Court, that matter is still pending.
12. It has been further stated that the plaintiff and the first respondent and second
respondent have then registered offices in Bombay, the impugned application No.
170131 of the plaintiff-petitioner for registration of their invention was filed in the
Patent Office at Bombay and the impugned order of the
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 4 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Page: 371
Deputy Controller of Patent was also passed in Bombay. The appeal from the said
order of the Deputy Controller of Patents, Bombay is now pending in the High Court of
Judicature at Bombay. Still the plaintiff-petitioner has filed the suit in Calcutta High
Court so that the respondents are embarrassed and are compelled to come over to this
place without any allegations that the petitioner or their agents had purchased any
sample of the soap ‘VIGIL’ at Calcutta. The next contention of the objector, respondent
is that the impugned Patent of the petitioner has been sealed recently. The law is well
settled that the Courts will refuse to grant injunction and at any rate interim injunction
when the patent in question is a new one the validity of which has not been
established in any legal proceedings and the validity whereof is under serious dispute
or challenge. When the patent which is sought to be enforced is a recent one, an
interlocutory injunction should not be granted. It has also been submitted that the
petitioner has not manufactured and marketed any low-priced popular soap using the
composition of the alleged patent. Whereas the respondent No. 1 has been
manufacturing and selling such low priced popular soap for a long time. If an order of
injunction as prayed for by the petitioner is passed, it would cause extreme hardship
on the first respondent leading to a situation of impossibility of compliance with the
order, keeping valuable labours and equipments of production idle.
13. It has been stated in the objection that purported expert opinions which have
been filed with affidavits in support of the petitioner for injunction by the plaintiff are
suspect. The purported expert opinion by way of three affidavits are guilty of making
false statements on oath. In the analysis report referred to in the affidavit of Mr.
Chittaranjan Mitra, “insoluble matter of alcohol” is mentioned. In the analysis report
annexed to the affidavit of Prof. Dr. Chakraborty, the very same matter is mentioned
as “Matter Insoluble” and in the report of Messrs. Jewel Metelochem Laboratories,
Bombay, the tests have been done for “alcoholic insoluble” matters and pot for “Water
Insoluble Matter”. It has been further ascertained that the plaintiff-petitioner has no
lawful right, title or interest to prohibit the respondent No. 1 from using their alleged
process or alleged composition of the impugned Patent No. 170131. The respondent
No. 1 has denied that the analysis of ‘Vigil’ soap in Annexures 2 and 3 to the
injunction petition indicate a detergent and soap combination level between 40.8%
and 42% as alleged or which includes soaps at a level which is more than 50% of the
soap and detergent combination as alleged. None of the four reports relied on by the
petitioner indicates “Water Insoluble” matter which is the term in the impugned
patent.
14. It has been lastly submitted that if the petitioner is granted an injunction at
this stage then it would enable the petitioner to appropriate a large chunk of the soap
industry to itself and would result in stifling trade competition.
15. In support of their objections the respondent No. 1 have filed affidavit sworn by
Dr. V.V.R. Subrahmanyam who is also an expert in the field of chemical technology. In
his opinion, making detergent bars containing varying amounts of percentages of soap
including non-soap detergent and water insoluble fillers, including starch and varying
ranges of moisture (water) by plodding, is not new, but is a state-of-art technology, so
also use of additives like water-soluble polymers to improve the quality of detergent
bars, which fall under the category of ‘Combo Bars’ is known and is not new.
16. In the affidavit-in-reply filed on behalf of the plaintiff-petitioner the material
allegations made in the objection have been denied. It has been stated further that
the respondent No. 1 in the opposition have not disclosed the composition of the
impugned ‘Vigil’ soap. If the respondent No. 1 are not infringing the petitioner's
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 5 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
patent, the simplest thing to do for the respondents would be to disclose the
composition. It has further been submitted that the proposition of law as made out in
the objection petition is based upon the earlier Patent Act, 1911. The English law on
the subject as laid down in Smith v. Grig, (1924) 1 KB 655, has been expressly not
Page: 372
followed by English Courts and has been overruled by the decision of the House of
Lords in the case of American Cynamide, 1975 RPC 513 : 1975 AC 396.
17. It has been also stated that in the objection, attention has been drawn to the
fact that the analysis report mentioned “Water Insoluble” and “Alcohol Insoluble”
whereas the Patent is for “Water Insoluble Particulate Structurant”. It is well known
that the BIS method for ascertaining water/alcohol insoluble particulate structurant is
normally through the route of alcohol and as such wherever the analysis has been
done in alcohol, the report mentioned “Alcohol Insoluble” and whenever the matter
insoluble has been indicated, the method of analysis has been indicated in the report
itself. It has also been stated that it is common knowledge that to ascertain water-
soluble to toilets bar, it has to be done in alcohol in order to ensure that all the soap is
dissolved in alcohol and fully removed but the starch in the process is not destroyed.
It is well known that the expression matter ‘insoluble’ indicated in the various reports
are nothing but water insoluble particulate structurant as given in the specification.
18. In the reply it has also been submitted the contention of the respondent No. 1
that they will suffer considerable hardship and irreparable loss and prejudice by the
grant of injunction petition no prayer has been made for stopping of manufacture and
sale of ‘Vigil’ soap manufactured by the respondent No. 1 but the only prayer is that
the respondents should be restrained from using the plaintiffs patent in the
manufacture of the said soap. So there is no question of exploiting a monopolistic
situation. Whereas in the reply it has been stated that the report, of Dr.
Subramanayam suffers from contradiction and lack of reasoning. It has been stated
that Dr. Subramanayam has conceded that the composition is a “State-of-art
technology”. The composition which is a “State-of-art technology” meaning “today's
technology” cannot be thirty years old. It has also been stated that the water soluble
polymer is not an essential part of the petitioner's patent. It has been submitted that
no reliance should therefore be placed on the report of Dr. Subramanayam overriding
the opinion given by the expert of the petitioners.
19. On 12-7-1993, a learned Judge of this Court, on the petition for temporary
injunction, passed an interim order in terms of prayer (c) of the petition restraining
the respondents, their servants, etc. from manufacturing, selling or marketing or
advertising the impugned bathing soap ‘Vigil’ with the words “ALL NEW” AND “THE
LONGER LASTING SOAP” which utilises the process of composition of Patent No.
170131 of the plaintiff-petitioner or any composition which comes within the range
covered by the said patent.
20. On 21st July, 1993, the learned Judge on hearing the parties passed the
following order:—
“It has ordered that the defendants will be at liberty to sell soaps wherein TFM i.e.
total fatty matter percentage is mentioned but will not sell any soap infringing the
composition of the plaintiff's patent bearing No. 170131. Earlier interim order is
modified to this extent only. Defendants will file their affidavit-in-opposition by
26th July, 1993; plaintiff will file reply by 28th July, 1993 and the injunction matter
will come up for hearing as a ‘Specially Fixed Matter’ on 29th July, 1993.”
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 6 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
21. Against that order two appeals were taken. One by Godrej Soaps Ltd. and the
other by Procter and Gamble Godrej Ltd. The learned Appellate Court on hearing the
parties was pleased to pass the following order:—
“We, therefore, allow this appeal and set aside the orders under appeal. However,
we direct that the appellants shall keep separate accounts of the manufacture and
sale of the impugned product and furnish monthly statements of such manufacture
and sale to the Advocate-on-Record of the plaintiff. We make it quite clear that we
have not expressed any opinion on the merits of the contentions. We were only
concerned to decide whether at this stage any temporary injunction should be
granted or not. The Court of the first instance
Page: 373
22. Against that order an SLP was filed in the Apex Court being SLP (Civil) No. (S)
13082/93. Their Lordships were pleased to record the following order:—
“We are not inclined to interfere with the impugned interim order passed by the
Division Bench of the High Court. We, therefore, request the learned trial Judge to
dispose of the original petition within three months from today. In case the petition
is not disposed of within the said period, then the further continuance of the interim
order shall be reconsidered by the trial Court on the basis of the affidavits already
placed on record, uninfluenced by any observations on fact or law made by the
Division Bench of the High Court. With this observation the Special Leave Petition is
disposed of.”
Matter has now come up before this Court for disposal of the petition for temporary
injunction.
23. The principles upon which an interlocutory injunction may be granted in a
patent case are the same as in a case under the provisions of Order 39, Rules 1 and 2
of the Civil Procedure Code, though interim injunction restraining the defendant from
infringing a patent does not come strictly within this scope of Order 39. The plaintiff in
a patent case must show a prima facie case of an infringement and further that the
balance of convenience and inconvenience is in his favour. In patent cases the onus of
showing a prima facie case justifying the grant of an injunction is a heavy one and it is
comparatively easy for the respondent to establish a defence sufficient to prevent the
grant of such an injunction. In Hubbard v. Vosper, (1972) 1 All ER 1023 : (1972) 2 QB
84 at 1029, Lord Denning observed:— “In considering whether to grant an
interlocutory injunction, the right course for a Judge is to look at the whole case. He
must have regard not only to the strength of the claimant but also to the strength, of
the defence, and then decide what is best to be done. Sometimes, it is best to grant
an injunction so as to maintain the status quo until the trial. At other times, it is best
not to impose a restraint on the defendant, but leave him free to go ahead. For
instance, in Frazer v. Evans, (1969) 1 All ER 8, although the plaintiff owned the
copyright, we did not grant an injunction, because the defendant might have a
defence of fair dealing. The remedy by interlocutory injunction is so useful that it
should be kept flexible and discretionary. It must not be made the subject of strict
rules.”
24. Mr. Chakraborty, Ld. Sr. Counsel, appearing on behalf of the plaintiff-petitioner
has submitted that the patent application No. 275/BOM/88 which was accepted under
SI. No. 170171 was duly granted and sealed by the Controller of Patents of Bombay.
According to the Ld. Lawyer, Patent Application No. 274/BOM/88 published under Sl.
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 7 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
No. 170480 was considered along with the objection filed by the Respondent No. 1
thereto by the Dy. Controller of Patents of Bombay, who directed the Patent
application to proceed to sealing and accordingly, the patent was granted and sealed
on 23rd April, 1993. The petitioner/Company has duly deposited the entire dues upon
the sealing of Patent No. 170171 and the patent is still valid and subsisting. It has
accordingly been submitted by the Ld. Counsel that his client has been able to prove
that there is a prima facie case for granting of an interlocutory injunction in this case.
25. So far as infringement of patent and the balance of convenience are concerned,
it has been submitted on behalf of the petitioner/company that the respondent No. 1,
the manufacturer of a Bathing soap and/or a soap named ‘VIGIL’ which is marketed by
the respondent No. 2 and distributed by the Respondent No. 3 on chemical analysis
was found coming within the range of all or some of the claims of Patent No. 170171
of the petitioner. As a result of the wrongful and illegal acts of the respondents, the
petitioner-company has suffered irreparable loss, damage, injury and prejudice. There
exists no standard for ascertaining the actual damage caused or likely to be caused to
the petitioner and if the respondents are permitted to carry on or to continue with the
wrongful and
Page: 374
illegal acts, compensation in money would not afford adequate relief to the petitioner.
Therefore, the damage is irreparable and the balance of convenience or inconvenience
is definitely in favour of the petitioner.
26. Mr. Goutam Chakraborty, learned counsel for the petitioner-company has relied
upon the following cases in support of his contention. He has heavily relied upon the
principles laid down in American Cyanamid Company v. Ethicon Ltd., (1975) RPC
513 : 1975 AC 396 : 1975 (1) All ER 504. In that celebrated judgment, Lord Diplock
at p. 539 made the following observations:—
“The instant appeal arises in a patent case. Historically there was undoubtedly a
time when in an action for infringement of a patent that was not already “well
established”, whatever that may have meant, an interlocutory injunction to restrain
infringement would not be granted if counsel for the defendant stated that it was
intended to attack the validity of the patent.
“Relies of this reluctance to enforce a monopoly that was challenged, even though
the alleged grounds of invalidity were weak are to be found in the judgment of
Scutton L.J., as late as 1924 in Smith v. Grigg Ltd., (1924) KB 655; but the
elaborate procedure for the examination of patent specifications by expert
examiners before a patent is granted, the opportunity for opposition at that stage
and the provisions for appeal to the Patent Appeal Tribunal in the person of a Patent
Judge of the High Court, make the grant of a patent now-a-days a good prima facie
reason, in the true sense of the term, for supporting the patent to be valid and have
rendered absolute the former rule of practice as respects interlocutory injunctions in
action for infringement actions. In my view the grant of interlocutory injunctions in
actions for infringement of patents is governed by the same principles as in other
actions……”
27. Mr. Chakraborty, learned counsel has submitted that in view of the above
decision of the House of Lords, the view taken by a Division Bench of this Court in
Boots Pure Drug Co. v. May & Baker Ltd, (52 CWN 253) should be taken as not laying
down the correct principle of law. In that case, it was held that in order to get a
temporary injunction against the infringement of a patent right, it is necessary that
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 8 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Page: 375
drawn the attention of this court to para 15 at p. 1447 which runs as follows:
“15. As against this, Mr. Mehta, appearing for the respondent, submits that whether
the process got patented by the respondent involves a method of near manufacture
or improvement, is one purely of fact and should not as a matter of practice, be
disturbed by this court. Even in cases of doubt — proceeds the argument — the
court should uphold the patent. It is submitted that a patent is granted by the
controller after due inquiry and publication and unless the contrary is proved,
should be presumed to have been duly granted. In the instant case, it is urged,
that presumption is stronger because the trial Judge as well as the Appellate Bench
of the High Court have concurrently held that the process patented had utility.”
31. Mr. Chakraborty, learned counsel, in his usual fairness, has also drawn the
attention of this court to para 33 at p. 1450, of the reported judgment which runs as
follows:
“33. It is noteworthy that the grant and sealing of the patent, or the decision
rendered by the Controller in the case of opposition, does not guarantee the validity
of the patent which can be challenged before the High Court on various grounds in
revocation or infringement proceedings. It is pertinent to note that this proposition,
viz., the validity of a patent is not guaranteed by the grant, is now expressly
provided in S. 13(4) of the Patents Act, 1970. In the light of this principle, Mr.
Mehta's argument that there is a presumption in favour of the validity of the patent
cannot be accepted”.
32. Mr. S.B. Mukherjee, learned counsel appearing, on behalf of the Soaps Ltd. has
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 9 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
opposed the contention of the learned counsel for the petitioner. He has first drawn
the attention of the Court to the meaning of the term ‘patent’ as given in standard
vocabularies and legal dictionaries. He has drawn the attention of the Court to
Halsbury's Laws of England, 4th Edition, Vol. 35 (1981), para 303 which runs as
follows:— The word ‘Patent’ as used in this title denotes, a monopoly right in respect
of an invention.”
33. Mr. Mukherjee, has then drawn the attention of the Court to page 329, under
the heading ‘Patent’ of ‘Words and Phrases’, Legally Defined, 3rd Edn., Vol. 3, K-Q,
edited by John B. Saunders (1989) which runs as follows:— “The truth is that letters
patent do not give the patentee any right to use the invention — they do not confer
upon him a right to manufacture according to his invention. That is a right which he
would have equally effectually if there were no letters patent at all; only in that case,
all the world would equally have the right. What the letters patent confer is the right
to exclude others from manufacturing in a particular way, and using a particular
invention”.
34. He has next drawn the attention of the Court to Black's ‘Law Dictionary’, 6th
Edition (1990), at p. 1125, where ‘Patent right’ has been defined as “a right secured
by patent; usually meaning a right to the exclusive manufacture, use and sale of an
invention or patented article”.
35. Mr. Mukherjee has also drawn the attention of the Court to the meaning of the
expression ‘privilege’ at page 1197 of the said Dictionary which runs as follows:— “A
particular and peculiar benefit or advantage enjoyed by a person, company or class,
beyond the common advantages of other citizens. An exceptional or extraordinary
power of exemption. A peculiar right, advantage, exemption, power, franchise or
immunity held by a person or class not, generally possessed by others”.
36. Mr. Mukherjee, has also drawn the attention of the Court to the meanings of the
expressions ‘Patent’ and ‘Privilege’ as given in ‘The New Shorter Oxford English
Dictionary’ edited by Lesley Brown, Vol. 2, N-Z (1993) at pp. 2121 and 2360. — In
this Dictionary, ‘patent’ ‘is a document constituting letters patent, especially a licence
from a government to an individual or organisation conferring for a set period, the sole
right to make, use, or sell some process or invention, a right conferred in this way’.
The term ‘privilege’ has been interpreted as meaning a right, advantage or immunity
granted to or enjoyed by a
Page: 376
37. Mr. Mukherjee has drawn the attention of the Court to S. 48(1) of the Patents
Act, 1970, where the term ‘exclusive right’ has been substituted in place of the term
‘exclusive privilege’ used in S. 12(1) in the Indian Patents and Designs Act, 1911. It
has been submitted by him that the substitution of the expression ‘privilege’ by the
expression ‘right’ has not made much of a difference because a ‘privilege’ is nothing
more than a ‘right’ which is conferred by the crown. This aspect of right has been
explained in the Dictionary as stated above. This submission has been made by Mr.
Mukherjee, learned counsel, especially to meet the point raised by Mr. Goutam
Chakraborty, learned counsel, appearing on behalf of the petitioner that under the Act
of 1911, Patent was only a privilege and not a right.
38. Moreover, Mr. Mukherjee, relying upon the decision in Bishwanath Prasad
Radheshyam v. H.M. Industries (AIR 1982 SC 1444) has submitted that the fact that
the controller has granted patent does not give rise to a presumption in favour of the
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 10 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
validity of the patent. The grant and sealing of the patent or the decision rendered by
the Controller in the case of opposition does not guarantee the validity of the patent
which can be challenged before the High Court on various grounds in revocation or
infringement proceedings. This position, i.e., the validity of a patent is not guaranteed
by the grant, is now expressly provided in S. 13(4) of the Patents Act, 1970.
39. Mr. Mukherjee has also submitted that the order of the Dy. Controller of Patents
at Bombay for registration of the invention filed in the Patent Office as per Application
No. 170131 has been challenged in appeal by the respondents Nos. 1 and 2 and the
said appeal is now pending before the Hon'ble High Court at Bombay.
40. Mr. Mukherjee, has further submitted that the impugned patent of the
petitioner has been sealed recently and that the law is well-settled that the Courts will
refuse to grant injunction and at any rate interim injunction when the patent in
question is a new one, the validity of which has not been established in any legal
proceeding and the validity of which is under serious dispute or challenge.
41. Mr. Mukherjee, learned counsel has first referred to the American Cyanamid
Company case, (1975) RPC 513 : 1975 (1) All ER 504 (supra) decided by the House of
Lords in 1974. In that case, the plaintiffs ware the owners of a patent covering sterile,
absorbable, surgical articles formed from PHAE, (Poly-hydroxyacetic ester). The
defendants manufactured a suture formed from a copolymer and were nearly ready to
launch it upon the British market. The plaintiff's alleged that it infringed their patent.
The trial Judge granted interlocutory relief. The Court of Appeal allowed the appeal
concluding simply that on the question of infringement, the plaintiff had not made a
strong prima facie case and that in consequence that was the end of any claim to
interlocutory relief. The question of balance of convenience was not considered.
42. Held, per Lord Diplock, the reminder of the House concurring:
(i) That there was no rule of law that precluded the grant of an interim injunction
unless upon the evidence adduced by both parties, the applicant had satisfied
the court that on the balance of probabilities the acts of the other party sought to
be enjoined, if committed, would violate the applicant's legal rights;
(ii) Unless the material available to the court at the hearing of the application for an
interlocutory injunction failed to disclose that the plaintiff had any real prospect
of succeeding in a claim for a permanent injunction at the trial, the Court should
go on to consider whether the balance of convenience lay in favour of granting or
refusing the relief that was sought;
(iii) That the grant of interlocutory injunctions in patent infringement actions was
governed by the same considerations as in other actions;
Page: 377
43. Mr. Mukherjee has also relied upon the decision of our Apex Court in
Bishwanath Prasad Radhey Shyam's case, AIR 1982 SC 1444 (supra). According to
him, para 33 of the reported judgment lays down the Indian law. The last sentence of
para 33 takes the bottom out of the proposition that there is a presumption in favour
of the validity of a patent.
44. Mr. Mukherjee has drawn the attention of the Court to a single Bench decision
of the Delhi High Court in N.R.D. Corpn. of India v. D.I.C. & G. Mills Ltd. (AIR 1980
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 11 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Delhi 132). In that case, it has been held that for the grant of temporary injunction,
principles applicable to the infringement of patent actions are that there is a prima
facie case, that the patent is valid and infringed, that the balance of convenience is in
favour of grant of injunction and that the plaintiff will suffer an irreparable loss. The
learned Judge relied upon the same principles as laid down in Boots Pure Drug Co.'s,
52 CWN 253 (supra) though within the four corners of the judgment that decision is
not referred to.
45. Mr. Mukherjee has also referred to the decision of a Division Bench of Delhi High
Court is Niky Tasha India Pvt. Ltd. v. Faridabad Gas Gadgets Pvt. Ltd. (AIR 1985 Delhi
136). Their Lordships considered the American Cyanamid Company's case, (1975) RPC
513 : 1975 (1) All ER 504 (supra) and held, it is well-settled, both in India and in
England, that an interlocutory injunction will not normally be granted where damages
will provide an adequate remedy should the claim succeed. Furthermore, the Court will
not grant an interlocutory injunction unless satisfied that there is a real probability of
the plaintiff succeeding on the trial of the suit. Where the design is of a recent date,
no injunction should be granted. Moreso, when there is a serious question as to the
validity of the design to be tried in the suit and an application for cancellation has
been made.
46. Mr. Mukherjee has also cited Monsanto Company v. Coramandal Indag Products
(P) Ltd. (AIR 1986 SC 712). That was a case for revocation of a patent. Mr. Mukherjee
has presumably referred to the principles laid down in this case, as in our case, a point
has been raised by Godrej Co. that the plaintiff's patent suffers from lack of novelty
and from anticipation. In Monasanto's case, it has been held that to satisfy the
requirement of being publicly known as used in clauses (e) and (f) of S. 64(1) of the
Patents Act, 1970, it is not necessary that it should be widely used to the knowledge
of the consumer public. It is sufficient if it is known to the persons who are engaged in
the pursuit of the knowledge of the patented product or process either as men of
science or men of commerce or consumers. The section of the public who are men of
science or men of commerce were interested in knowing about herbicides which could
destroy weeds but not rice must have been aware of the discovery of the active agent.
There was no secret about the active agent as claimed by the plaintiffs since there was
no patent for the agent. The process was known, the product was known, the use was
known and then there was no invention.
47. Mr. Mukherjee has also referred to the following passage at p. 113 of Brain C.
Reid's “A Practical Guide to Patent Law”, 2nd Edition, (1993):
“Nevertheless, the grant of interlocutory relief is by no means automatic; it
remains, at the end of the day, an exceptional remedy given at the Court's direction
— for which exceptional cause has to be shown. The leading modern decision in this
area of the law generally, American Cyanamid v. Ethico (Interlocutory) was in fact
enunciated in a patent dispute in 1974.”
48. But the learned author at p. 116 of the same treatise has drawn the attention
to the danger inherent in mechanical application of the American Cyanamid approach:
“In particular, the Court will not allow the American Cyanamid approach (which in
principle is quite favourable to the patentee) to become by over-rigid application an
engine of oppression. This is highlighted by the
Page: 378
decision of the Court of Appeal in Brupat v. Sandford Masion Products (1983 RPC 61)
where a defendant of extremely modest financial standing (normally a good reason for
grant of relief since it gives rise to doubt as to their eventual capacity to pay damages
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 12 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
if infringement is found at the trial) was allowed to continue provided that he pay in
the interim into an escrow account a reasonable royalty”.
49. Mr. Mukherjee has also referred to the treatise of Kerr on “Law and Practice of
Injunction” (6th Edn. 1981) where at p. 320 under the heading “Interlocutory Relief”
it has been pointed out as follows:—
“If one clear instance of infringement or a strong prima facie case of infringement is
made out and the plaintiff has not been guilty of laches, the court will generally
grant an interlocutory injunction in the following cases: (1) when the validity of the
patent has already been established in a previous action; (2) when the patent is of
old standing and the enjoyment under it has been uninterrupted; (3) when the
validity of the patent is not in issue; and notwithstanding that the defendant offers
to keep an account.
“Conversely, in general, if the patent is new, and its validity has not been
established, and endeavoured to be shown that it ought not to have been granted,
the Court will not interfere.”
50. Mr. P.K. Das, learned counsel appearing on behalf of the Proctor & Gamble
Godrej Ltd., defendant No. 2, has fully adopted the arguments of Mr. S.B. Mukherjee,
learned counsel for Godrej Soaps Ltd. Mr. Das has mainly argued on two new grounds
of attack.
51. The first point urged by Mr. Das is regarding forum inconvenience. Mr. Das has
drawn the attention of the Court to paras 30, 33, 35, 39 and 40 of the plaint and to
para 4 of the A.O. filed on behalf of respondent No. 2 and to para 7 of the affidavit-in-
reply at p. 352 of Vol. II of paper book. According to the learned counsel, the point to
be judged is whether the plaintiff would have more inconvenience in Bombay. He has
in support of his contention cited a number of cases.
52. The first case cited is Mac Shannon v. Rockware Glass Ltd., (1978) 1 All ER
625 : 1978 AC 795. Held, in order to obtain a stay of proceedings the defendant had
to show that there was another forum in which justice could be done between the
parties and to refuse a stay would produce injustice. He was under no duty to show
that the institution of the proceedings in England was vexatious or oppressive. Where
England was not the natural forum and the plaintiff offered no reasonable justification
for his choice of forum in the shape of some real personal or juridical advantage which
could be objectively demonstrated, the Court could grant a stay if the defendant
merely established that he would be involved in substantial inconvenience and
unnecessary expenses if the proceedings were allow in England.
53. He has next referred to In re Norton's Settlement, Norton v. Norton, (1908) 1
Ch D 471. Held, that the plaintiff had in fact brought the action in England instead of
in India, not for any bona fide purpose but in order to obtain an undue advantage over
the defendants and that the continuance of the proceedings in England would
necessarily be productive of injustice to the defendants. So the action ought to be
stopped.
54. He has also cited Saudi India Navigation Line v. Asteroid Maritime Ltd., (1985)
2 CHN 149; The Abidin Daver, (1984) 1 All ER 470 : 1984 AC 398; Logan v. Bank of
Scotland, (1906) 1 KB 141; Hansraj Bajaj v. The Indian Overseas Bank Ltd. (AIR 1956
Cal 33) and Jokai (Assam) Tea Co. Ltd. v. Bhawani Shankar (AIR 1976 Cal 18). In all
these cases, the same principle which is running like a thread is that the court would
stay a proceeding if it was not brought in the natural forum without any reasonable
justification and if the defendant merely established that he would be involved in
substantial inconvenience and unnecessary expenses if the proceeding was continued.
55. Mr. Das has next referred to the “Gillette” plea viz. that the alleged
infringement
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 13 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Page: 379
was not novel, at the date of the patent. In Gillette Safety Razor Co. v. Anglo-
American Trading Co. Ltd. (30 RPC 465) Lord Moulton observed: “I am of the opinion
that in this case the defendant's right to succeed can be established without an
examination of the terms of the specification of the plaintiffs letters patent. I am
aware that such a mode of deciding a patent case is unusual, but from the point of
view of the public it is important that this method of viewing their rights should not be
overlooked. In practical life, it is often the only safeguard to the manufacturer. It is
impossible for an ordinary member of the public to keep watch on all the numerous
patents which were taken out and to ascertain the validity and scope of their claims.
But he is entitled to feel secure if he knows that which he is doing differs from that
which has been done of old only in non-patentable variations. Such as, the
substitution of mechanical equipments or changes of material shape or size. The
defence that the alleged infringement was not novel at the date of the plaintiff's
letters patent was a good defence in law and it would sometimes obviate the great
length and expenses of patent cases if the defendant could and would put forth his
case in this form, and spare himself the trouble of demonstrating on which horn of the
well-known dilemma the plaintiff had impaled himself, invalidity or non-infringement”.
56. Mr. Das has cited the decision in Windsurfing International Inc. v. Tabur Marine
(Great Britain) Ltd., ((1985) RPC 59). In that case, the patent in suit claimed a wind-
propelled vehicle having an unstayed spar connected through a universal joint and sail
attached to the spar and held taut between a pair of arcuate booms mounted on the
spar at one end and joined together at the other. In an action for infringement, the
defendants claimed for its revocation on the grounds that what was claimed lacked
novelty over a prior user by C and was obvious in view either of the prior user or of a
printed publication D which described some basic concepts as that of the patent but
the said board had been fitted with a square-rigged sail. Held, upholding the
defendants' contention that (1) the philosophy behind obviousness must take into
account the same concept as anticipation, namely, that it would be wrong to prevent a
man from doing something which was known in the art before the priority date; (2)
the question of obviousness was not to be answered by looking with the benefit of
hindsight at what was now known and what had been known at the priority date and
asking whether the former flowed naturally and obviously from the latter, but by
hypothesising what would have been obvious at the priority date to a person skilled in
the art who had access to what was known in the art at that time. In that case, their
Lordships relied upon the principles laid down in Gillette case, 30 RPC 465 (supra).
57. Mr. Das then cited the decision in Hickman v. Andrews (1983 RPC 147). In that
case there were inconsistencies in the defendant's evidence as to how the prototype of
their product had come to be made. In addition, no contemporaneous corroborative
material had been put forward by the defendants to support their evidence on this
point. The balance of probabilities led to the conclusion that the defendant's product
had originated from use having been made of knowledge of the plaintiffs' “workmate”.
Since the standard of proof in a “Gillette” defence was steict, the defendants had
accordingly failed to make good their defence. Held that since approaching a patent
infringement action by means of the “Gillette” defence was unusual, it was justifiable
that the defence be strictly proved and accordingly the trial Judge had not misdirected
himself in this respect.
58. Mr. Das has also cited Page v. Brent Toy Products Ltd., (Vol. LXVII, Reports of
Patent, Design and Trade Mark Cases 4). In that action for infringement of patent, the
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 14 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
defendants applied, after the case was set down for trial, for leave to amend their
defence so as to include a “Gillette” plea, viz. that the alleged infringement was not
novel, at the date of the patent, by reason of a foreign patent specification over 50
years old. It was stated on behalf of the plaintiff that the amendment was allowed and
the new plea disclosed a defence to the action, the action
Page: 380
would probably be discontinued. The learned Trial Judge held that the balance of
convenience required that the soundness in law of the proposed plea should be
decided upon the application to amend and not left to the trial. The learned Judge
decided the merits of the plea upon the application to amend. The learned Court of
Appeal upheld the view of the learned Trial Judge and explained the nature of
“Gillette” defence at page 12 as follows:—
“I think I should refer, not to the whole speech, but to certain passages in it, before
I add a few words of my own on the same line as Roxburgh, J's judgment. The
case, as may be judged from its title, was a case in which the Gillette Razor Co.
were alleging against the Anglo-American Trading Co. that the latter had infringed
the former's Latters Patent for a razor. It appears that one of the matters discussed
during the hearing was this, that there had previously been a razor handle,
invented by a gentleman called Burler; and as Lord Moulton points out, if you put a
blade into Butler's handle the article was indistinguishable for all practical purposes
from the defendants' allegedly infringing article. The noble Lord, having stated that,
goes on: “It follows, therefore, that no patent of date subsequent” to the
publication of Butler's specification could possibly interfere with the right of the
public to make the defendants' razor. If the claims of such a patent were so wide as
to include in it, the patent would be had, because it would include something which
differed by no patentable difference from that which was already in the possession
of the public. Such a patent would be bad for want of novelty. If the claims were
not sufficiently wide to include the defendants' razor, the patentee could hot
complain of the public making it. In other words, the defendants must succeed
either on invalidity or on non-infringement”.
59. From the submission made by the learned lawyer of the parties it is clear that
in order to get a temporary injunction against the infringement of a patent right, the
party claiming has to prove three things as in all cases for grant of temporary
injunction, namely, that the party has a prima facie case, that there is a prima facie
infringement and that the balance of convenience is in his favour. But right from
Smith v. Grigg Ltd., (1924 (1) KB 655), there was a practice that if a patent was new,
a mere challenge at the bar would be quite sufficient for refusal of temporary
injunction, but if the patent was sufficiently old and had been worked out, then the
Court would for the purpose of temporary injunction presume the patent to be a valid
one. This view as affirmed in a Division Bench decision of this Court in Boots Pure Drug
Co. (India) Ltd.'s case, 52 CWN 253 (supra). But this view received a jolt for the first
time in the American Cyanamid case, (1975) RPC 513 (supra). It was laid down by the
House of Lords that the grant of a patent now a days prima facie constitutes a good
ground for supposing the patent to be valid. But even the English Courts after about 8
years of the decision in this case (American Cyanamid case) have held that the Court
will not allow the American Cyanamid approach to become by over-rigid application an
engine of oppression. (Vide: ‘A Practical Guide to Patent Law’ by Brain C. Reid referred
to above). The learned author says that this is a leading modern decision in this area.
But the learned author has also drawn our attention to the decision of the Court of
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 15 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Page: 381
Lord Diplock, the correct approach is as follows: The Court must first be satisfied that
is a serious question to be tried. Then it should turn at once to the balance of
convenience. If it appears that damages awarded at the trial will adequately
compensate the plaintiff and the defendant is likely to be able to pay them,
interlocutory relief should not normally be granted. If damages will not be adequate to
compensate the plaintiff, becomes necessary to consider whether, on the other hand,
the defendant would be adequately compensated by damages upon the plaintiffs cross
-undertaking, should he not make good his claim at trial, if they would be adequate,
the injunction would be granted. If the balance remains substantially even, some
account can ultimately be taken of the relative strength of each party's case as
revealed by the Affidavit evidence”.
61. This Lordships took the view, “I take it to be well settled, both in India and
England, that an interlocutory injunction will not normally be granted where damages
will provide an adequate remedy, should the claim succeed. Furthermore, I have
always understood the rule to be that the Court will not grant an interlocutory
injunction unless satisfied that there is a real probability of the plaintiff succeeding on
the trial of the suit. When the design is of recent date, as in this case, no injunction
should be granted. More so, when there is a serious question as to the validity of the
design to be tried in that suit and an application for cancellation has been made”.
62. A Division Bench of this Court in Boots Pure Drug Co. case, 52 CWN 253 (supra)
also took the similar view in 1947. Since then the Indian Act was substituted by a new
Act in 1970. It has already been noted above that “exclusive privilege” in Section 12
(1) of the Act of 1911 has been changed into “exclusive right” in Section 48 of the Act
of 1970. The Apex Court of our land in Bishwanath Prasad Radhey Shyam, AIR 1982
SC 1444 (supra) at para 33, has held that there is no presumption in favour of the
validity of a patent by the mere grant or sealing of the patent. This is now expressly
provided in Section 13(4) of the Act of 1970.
63. This dictum of the Apex Court of our land clearly spells out the law in India on
the point and the ratio of the decision in American Cyanamid case, (1975) RPC 513 :
1975 AC 396 1975 (1) All ER 504 (supra) cannot govern the field here. Therefore the
contention of Mr. G. Chakraborty that the grant of patent in favour of his client shows
prima facie validity of the patent cannot be entertained.
64. The point which demands our active consideration next is which there is prima
facie infringement of plaintiffs patent. In para 23 of the petition for injunction it has
been stated as follows (at p. 78 of paper book No. I):—
“23. By reason of the aforesaid the petitioner as the patentee enjoy exclusive right
and monopoly in respect of the aforesaid composition consisting of.
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 16 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Page: 382
In this connection, the petitioner will crave leave to refer to expert opinion at the
hearing of the application.”
Products Ltd. Vol. LXVII Report of Patent, Design and Trade Mark Cases 4 (supra). The
most striking thing with respect to the case of the respondent No. 1 is that they have
not come with a chemical analysis report showing the composition of VIGIL Soap. They
have chosen to rely upon the Gillette plea indirectly. At the core of the plea is the
stand that the alleged infringement was not novel at the date of the patent. Thus
there is an implied stand that even if there is an infringement, temporary injunction
cannot be granted due to the Gillette plea. Narayanan in his treatise on “Patent Law”
2nd Edn., at para 1299 at p 528 has in connection with a discussion on Gillette
defence, observed: “This kind of defence has not so far been considered by High
Courts in India. But there is no reason why such a defence will not be considered when
properly pleaded.” In this case, in the affidavit sworn by Mr. V.V.R. Subrahmanyam on
12-8-1993 (Vide pages 148 to 158 of Paper Book II) which is annexure to the A.O. on
behalf of the respondent No. 1 sworn on 30-6-1993 (Vide: pp 147 of Paper Book II), it
has been stated at p 156 that “The composition of the pleaded bars of the invention is
mentioned in the claims of the U.S. Patent No. 2438169 as 5 — 40% starch, at least
6% non-soap detergent, remaining being soap and other fillers”.
68. Mr. S.B. Mukherjee, learned Counsel for respondent No. 1 has drawn the
attention of this Court to the United States Patent Office Publication in connection with
U.S. Patent No. 2438169 patented on 23-3-1948 (Vide p. 189 of Paper Book No. II).
He has also given a comparative Chart of the Hindusthan Lever Ltd.'s Patent No.
170131 and the U.S. Patent No. 2438169.
U.S. Patent No. 2438169
Page: 383
I(a) Total detergent (Soap + non-Soap I(a) Total detergent (Soap + non-Soap
detergent) 25% to 60% detergent) 30% to 80%
(b) Soap content at least 50% or above (b) Soap content at least 30%
(c) Non-Soap detergent 0% to 30% (c) Non-soap detergent 5% to 40%
II(a) Fillers including starch 30% to 60% II(a) Fillers including starch 10% to 60%
(b) Starch Trace to 60% (b) Starch 10% to 40%
(c) Sodium Sulphate 0% to 20%
III Water 8% to 35% III Water 5% to 15%
from a plain look at the comparative table it appears that the basic pattern in the
composition of the two are more or less the same, though the percentage are not
identical. But a mere arrangement or rearrangement of known devices each
functioning independently of one another in a known way is not prima facie an
invention under Section 3 of the Patent Act, 1970. So the plea of Gillette defence can
be considered in this case as it has been properly pleaded in this case.
69. The last question that is to be considered is whether the balance of convenience
and inconvenience is in favour of granting interlocutory injunction. It is obvious that
the patent has not yet been exploited by the petitioner. So there is no question of loss
of employment or fall in revenue of the plaintiff-company. They apprehend that they
will suffer an irreparable loss unless injunction is granted. But it is clear that in Para
39 of the plaint it has been averred that the damage suffered by the petitioner can be
provisionally quantified. The implied presumption is that there is some basis for
assessment of the damages though the exact figure cannot be arrived at the stage. So
it cannot be said that the balance of convenience is definitely in favour of granting
interlocutory injunction.
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 18 Saturday, October 15, 2022
Printed For: Ritika Sharma, National University of Study & Research, Ranchi
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
70. Before winding up the matter a few words need be said about the plea of forum
inconveniens raised by Mr. Das, learned Counsel for the respondent No. 2. At this
stage, when this Court is considering the question of granting interlocutory injunction,
it is useless to raise the plea of forum inconvenience for staying this proceeding.
Certainly the respondent No. 2 can raise the plea at the appropriate stage. If this plea
is entertained at this stage, then there will be no chance of complying with the
direction of the apex Court. Moreover, this plea could be raised before the apex Court
but that was not raised. In the circumstances, it will not be proper to go into the
prima facie merits of the plea of forum inconveniens in this case.
71. In view of the above discussions, this court holds that there is no case for
granting interlocutory injunction in this case. The petition for temporary injunction is
accordingly dismissed on contest. But this cannot prevent this Court from passing an
order directing the respondents to keep monthly accounts of the sales of VIGIL Soap
and to furnish the same in court and also give a copy to the plaintiff an every quarter
till the disposal of this suit. The first such statement of account is to be filed within 30
-6-1996 positively.
Petition dismissed.
———
Disclaimer: While every effort is made to avoid any mistake or omission, this casenote/ headnote/ judgment/ act/ rule/ regulation/ circular/
notification is being circulated on the condition and understanding that the publisher would not be liable in any manner by reason of any mistake
or omission or for any action taken or omitted to be taken or advice rendered or accepted on the basis of this casenote/ headnote/ judgment/ act/
rule/ regulation/ circular/ notification. All disputes will be subject exclusively to jurisdiction of courts, tribunals and forums at Lucknow only. The
authenticity of this text must be verified from the original source.
KSR International Co. v. Teleflex Inc. et al., 550 U.S. 398 (2007)
Summary
The facts
1 In Graham v. John Deere the Court established that the element of non-obviousness as set out in §103
must be assessed with the help of the following factors: (1) the scope and content of prior art, (2) the
differences between the prior art and the claims at issue and (3) the level of ordinary skill in the
concerned art. Furthermore, secondary considerations may be commercial success, long felt but
unresolved needs or the failure of others to find a solution. See the summary in this database.
2 The Asano patent includes a support structure whereby, when the pedal's location is adjusted, one of
the pedal's pivot points stays fixed. The Redding patent reveals a sliding mechanism where both the
pedal and pivot point are adjusted.
obvious at the time the invention was made to a person having ordinary skill in the
art”.3 The District Court agreed with KSR, but the Federal Circuit reversed in January
2005. The Court reversed the judgment of the Federal Circuit and declared the patent
invalid due to the obviousness of the invention, §103 of the Patent Act.
Points of significance:
• The Court restated the need for caution when granting a patent based on a
combination of elements existing in prior art: “Granting patent protection to
advances that would occur in the ordinary course without real innovation
retards progress and may, for patents combining previously known elements,
deprive prior inventions of their value or utility.”8
• A claimed invention may be obvious despite the absence of a clear teaching,
suggestion or motivation to combine various prior art references.
• The patent examiner should not overestimate the importance of published
articles and express prior art. The person skilled in the art is not to be
considered as a technical dumbbell with little initiative on its own, but as a
person that is capable of using common sense and taking into account the
particularities of the individual case (e.g. design needs and the demand in a
specific market).
Key words:
Patentability, non-obviousness, inventive step, ordinary skilled person, pre-grant
flexibilities, TSM test, "teaching, suggestion, or motivation test", mechanical skill.
Available at http://www.supremecourt.gov/opinions/06pdf/04-1350.pdf
( 54 ) ANTI - SARS -COV - 2 ANTIBODIES DERIVED Beeman . Netflix's ‘ Pandemic ' Doctor Says He May Have Found a
FROM CR3022 Treatment for Coronavirus. Heavy (Apr. 10 , 2020 ) . Retrieved Sep.
18 , 2020 at URL : https://heavy.com/news/2020/04/jacob-glanville
( 71 ) Applicant: Centivax , Inc. , South San Francisco , netflix -pandemic -doctor -coronavirus /. 6 pages .
CA ( US ) Centivax Antibodies Neutralize the Pandemic Coronavirus, Inde
pendently Confirmed by Three Research Laboratories (USAMRIID ,
(72) Inventors: Jacob Glanville, San Francisco , CA Stanford , and UTMB/GNL ). Business Wire (May 18 , 2020 ) . Retrieved
(US ) ; Shahrad Daraeikia , San Jul. 27 , 2020 at URL : https://www.businesswire.com/news/home/
Francisco , CA (US ) ; I- Chieh Wang , 20200518005767/ en /Centivax -Antibodies -Neutralize- Pandemic
San Bruno , CA (US ); Sindy Andrea Coronavirus -Independently -Confirmed . 3 pages.
Liao Chan , San Jose , CA (US ); CNBC's Closing Bell . @CNBCClosingBell . . @ distributedbio is
Jean- Philippe Bürckert, Belmont, CA developing a COVID - 19 treatment using antibodies produced dur
(US ) ; Sawsan Youssef, Menlo Park , CA ing the 2002 SARS outbreak . Founder & CEO Dr. @CurleyJungle Jake
joined us to talk more about the timeline and potential effectiveness
(US) of the treatment. ( Tweet ). Twitter ( Apr. 21 , 2020 ) . Retrieved Jul. 30 ,
2020 from https://twitter.com/CNBCClosingBell/status/
( 73 ) Assignee : Centivax , Inc. , South San Francisco , 1252681883772694533 ? s = 20 . One page .
CA (US ) Cohen , J. @Sciencecohen . In parallel with vaccine race , 50+ groups
are making a boatload of SARS - CoV - 2 monoclonal antibodies from
( * ) Notice: Subject to any disclaimer, the term of this recovered patients like Dr. X , mice , SARS - CoV, and computer
patent is extended or adjusted under 35 programs. Yes, access , production, and safety will be issues . But
U.S.C. 154 ( b ) by 0 days. color me optimistic . https://sciencemag.org/news/2020/05/race
antibodies -stop -new - coronavirus ( Tweet ). Twitter (May 5 , 2020 ) .
( 21 ) Appl . No.: 15 /931,649 Retrieved Jul. 30 , 2020 from https://twitter.com/sciencecohen/status/
1257800751184633857 ? s = 20 . One page .
(22) Filed : May 14, 2020 Cohen . The race is on for antibodies that stop the new coronavirus.
Related U.S. Application Data Science (May 5 , 2020 ) . Retrieved Aug. 8 , 2020 at URL : https : //
www.sciencemag.org/news/2020/05/race-antibodies-stop-new
(60) Provisional application No. 63 / 014,546 , filed on Apr. coronavirus/. 10 pages.
23 , 2020 , provisional application No. 62 / 993,630 , Co -pending U.S. Appl. No. 15 /931,642 , filed May 14 , 2020 .
filed on Mar. 23 , 2020 . Co -pending U.S. Appl. No. 15 /931,643 , filed May 14 , 2020 .
Co -pending U.S. Appl. No. 15 /931,648 , filed May 14 , 2020 .
( 51 ) Int . Cl . Co -pending U.S. Appl. No. 15 /931,652 , filed May 14 , 2020 .
A61K 39/42 ( 2006.01 ) Co -pending U.S. Appl. No. 15 /931,654 , filed May 14 , 2020 .
CO7K 16/28 ( 2006.01 ) Coronavirus is ‘much worse than influenza : Doctor. Fox Business
GOIN 33/569 ( 2006.01 ) News . Video (transcript ). Transcribed Sep. 16 , 2020 from URL :
CO7K 16/10 ( 2006.01 ) https://video.foxbusiness.com/v/6142665270001/#sp=show-clips. Mar.
A61K 39/00 ( 2006.01 ) 18, 2020. 3 pages.
Distributed Bio CEO on developing therapeutic antibody treatment
( 52 ) U.S. CI .
against coronavirus. CNBC Squawk on the Street video ( transcript ).
??? CO7K 16/28 (2013.01 ) ; CO7K 16/10 Transcribed Sep. 16 , 2020 from URL : https://www.cnbc.com/video/
( 2013.01 ) ; GOIN 33/56983 (2013.01 ) ; A61K 2020/03/23/distributed -bio -ceo -on -developing-therapeutic -antibody
2039/505 (2013.01 ) ; CO7K 2317/55 ( 2013.01 ) ; treatment-against - coronavirus.html. Mar. 23 , 2020. 3 pages.
CO7K 2317/565 (2013.01) Distributed Bio . @Distributedbio . An update on our monoclonal
( 58 ) Field of Classification Search antibodies being engineered against # COVID19 from @CurlyJungle Jake
None on @SquawkCNBC this morning. ( Tweet). Twitter ( Mar. 23 , 2020 ) .
See application file for complete search history . Retrieved Jul. 30 , 2020 from https://twitter.com/distributedbio/status/
1242123582341181440 ? s = 20 . One page .
( 56) References Cited (Continued )
PUBLICATIONS
Primary Examiner Shanon A. Foley
Assistant Examiner — Myron G Hill
Rudikoff et al., Proc Natl Acad Sci USA 1982 vol . 79 (Year: 1982 ) . * (74 ) Attorney, Agent, or Firm Wilson Sonsini Goodrich
MacCallum et al. J. Mol . Biol . ( 1996 ) 262 , 732-745 ( Year: 1996 ) . * & Rosati
Tian et al . Emerging Microbes and Infections, 2020 , 9 : 382-385 .
Published online Feb. 17 , 2020 ) . ( Year: 2020 ) . * (57 ) ABSTRACT
Aiola , C. @Chrisaiola . Dr. Jake Glanville and I discuss what we can
expect in the coming weeks , why COVID - 19 is much more dan This disclosure provides antibodies that are derived from
gerous than seasonal influenza , and his team's continuing effort to CFR3022 and that can be administered to an individual that
bio -engineer antibodies. @Curly JungleJake #coronavirus # COVID19 is infected with a virus. Antibodies herein can be capable of
#pandemic ( Tweet ). Twitter (Mar. 16 , 2020 ) . Retrieved Jul. 30 , 2020 treating or curing the virus, and which may provide protec
from https://twitter.com/chrisaiola/status/1239707660896870402 ? tion against the virus for up to several weeks . Antibodies
s=20 . One page. herein can be used to diagnose a SARS COV 2 infection .
Aiola , Chris. Dr. Jake Glanville - Mar. 15 , 2020. YouTube video
( transcript ). Transcribed Sep. 16 , 2020 from URL : https : //www. 13 Claims , 1 Drawing Sheet
youtube.com/watch?v=bEjk-bLVW_8&feature=youtu.be. Mar. 16 ,
2020. 6 pages . Specification includes a Sequence Listing .
US 11,034,762 B1
Page 2
( 56 ) References Cited Biol Chem . Nov. 10 , 2006 ; 281 (45 ) : 34610-6.doi : 10.1074 / jbc.
M603275200 . Epub Sep. 5 , 2006. DOI : 10.1074 /jbc.M603275200 .
Liew . The Flu , Snake Bites , and the COVID - 19 Virus: Jacob
PUBLICATIONS Glanville from Netflix's ‘ Pandemic .' Harnham ( Jan. 30 , 2020 ) .
Retrieved Sep. 5 , 2020 at URL : https://www.harnham.com/us/post/
Distributed Bio . @Distributedbio . Hear more about our progress on 2020-1 / a -discussion -with - jacob - glanville - from -netflix - s -pandemic ?
engineering our #monoclonal #antibodies to neutralize # COVID19 utm_source = Paiger & amp ;utm_medium = Referral. 7 pages .
from @CurlyJungleJake on @TheStoryFNC with @ marthamaccal Prabakaran et al. Structure of severe acute respiratory syndrome
coronavirus receptor-binding domain complexed with neutralizing
lum ( Tweet ). Twitter (Mar. 19 , 2020 ) . Retrieved Jul. 30 , 2020 from antibody. J Biol Chem . Jun . 9 , 2006 ; 281 ( 23 ) : 15829-36.doi : 10.1074/
https://twitter.com/distributedbio/status/1240798648054591488?s= jbc.M600697200 . Epub Apr. 5 , 2006. DOI : 10.1074 / jbc.
20. One page . M600697200 .
Distributed Bio . @Distributedbio . It was a blast working with Scientists begin their study of covid- 19 , looking for antibody. Radio
@chrisaiola and @ZPZProduction re #influenza for #Pandemic on New Zealand ( RNZ ) broadcast ( transcript ). Transcribed Sep. 16 ,
# Netflix - hear more about #coronavirus here . ( Tweet). Twitter 2020 from URL : https://www.rnz.co.nz/national programmes/ first
(Mar. 3 , 2020 ) . Retrieved Jul. 30 , 2020 from https://twitter.com/ up/audio / 2018736849 / scientists -begin -their -study -of -covid - 19
distributedbio / status/ 1234873874669547521 ? s = 20. One page . looking - for -antibody. Mar. 4 , 2020. 4 pages.
Dr. Glanville: 3 to 4 weeks before completing engineering on drug Villasanta . Coronavirus Vaccine: Netflix Doctor Says He Found
that neutralizes coronavirus. Fox News . Video ( transcript ). Tran ' Very Potent Drug to Treat COVID - 19 . International Business
scribed Sep. 16 , 2020 from URL : https://video.foxnews.com/v/ Times ( Apr. 1 , 2020 ) . Retrieved Sep. 18 , 2020 at URL : https: //
6142979870001 # sp= show - clips . Mar. 19 , 2020. 3 pages. www.ibtimes.com/coronavirus-vaccine-netflix-doctor-says-he-found
Fighting the Pandemic : Potential COVID - 19 Treatment. CNBC very -potent-drug - treat - covid - 19-2950576 . 5 pages .
Closing Bell video ( transcript). Transcribed Sep. 16 , 2020 from Walls et al . Unexpected Receptor Functional Mimicry Elucidates
URL : https://twitter.com/CNBCClosingBell/status/ Activation of Coronavirus Fusion . Cell . Feb. 21 , 2019 ; 176 ( 5 ) :
1252681883772694533 ? s = 20 . Apr. 21 , 2020. 2 pages . 1026-1039.e15 . Published online Jan. 31 , 2019. doi : 10.1016 /j.cell .
Glanville, J. @Curly JungleJake. Interview on @FoxBusiness where 2018.12.028 .
we discuss our #antibody therapeutics program for the #coronavirus. Woods. Doctor in Netflix's ‘ Pandemic ' says he discovered potential
( Tweet ). Twitter (Mar. 18 , 2020 ) . Retrieved Jul. 30 , 2020 from coronavirus cure . New York Post ( Apr. 1 , 2020 ) . Retrieved Sep. 18 ,
https://twitter.com/Curly Jungle Jake/status/ 1240438128680136704 ? 2020 at URL : https://nypost.com/2020/04/01/doctor-in-netflix-doc
s= 20 . One page . says -he -discovered -potential-coronavirus - cure /. 6 pages.
Hwang et al. Structural basis of neutralization by a human anti
severe acute respiratory syndrome spike protein antibody, 80R . J * cited by examiner
U.S. Patent Jun . 15 , 2021 US 11,034,762 B1
GDDVRQIAPGQTGVIADYNYKLPDDFMGCVLAWNTRN
IDATSTGNYNYKYRSLRHGKLRPFERDISNVPFSPDG
KPCTPPAFNCYWPLNDYGFFTTNGIGYQPYRVVVLSF
ELLNAPATVCGPKLSTD
US 11,034,762 B1
1 2
ANTI- SARS - COV - 2 ANTIBODIES DERIVED prises a VH CDR3 having an amino acid sequence of
FROM CR3022 CAGX , X ,GISTPMDVW (SEQ ID NO : 256 ) , wherein X , is
G or S ; and X2 is S or W. In further embodiments , the
CROSS -REFERENCE CR3022 - derived antibody or antigen - binding fragment fur
5 ther comprises an amino acid sequence that is at least 90 % ,
This application claims the benefit of U.S. Provisional 95 % , 98 % , 99 % , or 100 % identical to one or more of a VH
Application No. 63 /014,546 , filed on Apr. 23 , 2020 , and CDR1 comprising an amino acid of any one of SEQ ID
NOS : 155-187 and a VH CDR2 comprising an amino acid
62 / 993,630 , filed Mar. 23 , 2020 , all of which are incorpo of any one of SEQ ID NOS : 191-250 . In further embodi
rated herein by reference in their entireties for all purposes. 10 ments , the CR3022 - derived antibody or antigen - binding
SEQUENCE LISTING fragment further comprises a VH CDR1 having an amino
acid sequence of X , X2FX3X4XzXIX , ( SEQ ID NO : 154 ) ,
The instant application contains a Sequence Listing which wherein X is G or Y ; X , is G or T; X3 is 1 , S , or T ; X4 is D ,
has been submitted electronically in ASCII format and is S , T, or N ; X , is H or Y ; X. is A , W , G , or H ; and X , is G ,
hereby incorporated by reference in its entirety. Said ASCII 15 H , or S ; and a VH CDR2 having an amino acid sequence of
copy, created on May 29 , 2020 , is named 44561- GX , X ,X2PX X X X X X , YX10 ( SEQ ID NO : 190 ) ,
723_201_SL.txt and is 237,988 bytes in size . wherein X , is G , I , or W ; X2 is I or M ; X3 is I , N , or Y; X4
is G , N , or R ; X , is D , G , or S ; X. is G or S ; X , is any amino
BACKGROUND OF THE INVENTION acid (Xaa ) or no amino acid ; X , is A or T; X , is G , N , or R ;
20 and X10 is A or S.
Viruses are small infectious agents that can enter a living In some embodiments, provided herein is a CR3022
cell of an organism . Genetic information from a virus can be derived antibody or antigen -binding fragment that com
injected into the living cell , and can replicate inside the prises a variable heavy chain (VH ) that comprises:
living cell , and be released . Viruses can cause disease in the a . a VH CDR1 having an amino acid sequence that is at
organism and can spread between organisms . The mecha- 25 least 90% , 95 % , 98 % , 99 % , or 100% identical to any
nism by which a virus can cause disease can vary between one of SEQ ID NOS : 155-187 ;
viruses and can include cell lysis and / or cell death . b . a VH CDR2 having an amino acid sequence that is at
Coronaviruses are a group of related viruses that can least 90% , 95 % , 98 % , 99 % , or 100% identical to any
cause disease , for example in mammals and birds . Corona one of SEQ ID NOS : 191-250 ; and
viruses can cause respiratory tract infections, such as those 30 c . a VH CDR3 having an amino acid sequence that is at
causing pneumonia -like diseases , that can range from mild least 90% , 95 % , 98 % , 99 % , or 100% identical to any
to lethal. one of SEQ ID NOS : 257-316 .
Severe acute respiratory syndrome coronavirus 2 (SARS- In some embodiments, provided herein is a CR3022
Cov - 2 ) is a coronavirus responsible for a pandemic of a derived antibody or antigen -binding fragment that com
respiratory disease, COVID19 . An outbreak ofthis virus was 35 prises a variable light chain (VL) that comprises :
first identified in Wuhan, Hubei, China, and a pandemic was a . a VL CDR1 having an amino acid sequence that is at
recognized by the World Health Organization on Mar. 11 , least 90% , 95 % , 98 % , 99 % , or 100% identical to any
2020. The range of the severity of COVID19 is large, and one of SEQ ID NOS : 3-62 ;
ranges from asymptomatic to death . Approximately 20 % of b . a VL CDR2 having an amino acid sequence that is at
infected individuals can require hospitalization . The mor- 40 least 90% , 95 % , 98 % , 99 % , or 100% identical to any
tality rate of COVID19 appears to be between 1 % and 4 % . one of SEQ ID NOS : 65-89 and 444 ; and
COVID19 is transmitted between people , for example c . a VL CDR3 having an amino acid sequence that is at
through respiratory droplets, and can be spread by symp least 90% , 95 % , 98 % , 99 % , or 100% identical to any
tomatic and asymptomatic individuals, including during an one of SEQ ID NOS : 92-151 .
extended incubation period. Social distancing has been 45 In some embodiments, provided herein is a CR3022
applied worldwide to decrease the spread of COVID19 . derived antibody or antigen -binding fragment that com
Currently, there is no vaccine or treatment for COVID19 . prises a VL CDR1 having an amino acid sequence of
There is an urgent need for new compositions that can be KSSQSX LYSSX NX NYLA ( SEQ ID NO : 2 ) , wherein X
used for treating or preventing SARS - Cov - 2 infection and is V or L ; X , is I or N ; and X2 is K or L ; a VL CDR2 having
for diagnosing an exposure to SARS - Cov - 2 virus . 50 an amino acid sequence of X X X3X4RX X6 ( SEQ ID NO :
64 ) , wherein X , is W or R ; X , is A , S , or G ; Xz is S , T, or
SUMMARY OF THE INVENTION N ; X4 is T, L , F , or N ; X , is E , A , G , or L ; and Xo is S , P ,
G , F , or A ; and a VL CDR3 having an amino acid sequence
Provided herein is an isolated or purified antibody or of CX QYX X X PX , TF ( SEQ ID NO : 91 ) , wherein X , is
antigen -binding fragment that is derived from CR3022 and 55 Q , R , or H ; X2 is Y , H , or S ; Xz is S or T; X4 is T or L , and
that selectively binds to a severe acute respiratory syndrome X , is L , W , or Y. In further embodiments, the CR3022
coronavirus 2 (SARS - CoV - 2 ). In some embodiments, the derived antibody or antigen -binding fragment described
antibody or antigen -binding fragment has a binding affinity herein comprises: (i ) a VH CDR3 having an amino acid
of less than 50 nanomolar (nM ). In further embodiments, the sequence that is at least 90% , 95 % , 98 % , 99 % , or 100 %
CR3022 -derived antibody or antigen -binding fragment 60 identical to SEQ ID NO : 291 ; ( ii ) a VH CDR1 having an
binds to a receptor binding domain (RBD ) of SARS - CoV - 2 . amino acid sequence that is at least 90 % , 95 % , 98 % , 99 % ,
In further embodiments, the CR3022 - derived antibody or or 100 % identical to SEQ ID NO : 176 ; (ii ) a VH CDR2
antigen -binding fragment comprises an amino acid sequence having an amino acid sequence that is at least 90 % , 95 % ,
that is at least 90 % , 95 % , 98 % , 99 % , or 100 % identical to 98 % , 99 % , or 100% identical to SEQ ID NO : 225 ; (iv) a VL
a VH CDR3 comprising an amino acid of any one of any one 65 CDR1 having an amino acid sequence that is at least 90 % ,
of SEQ ID NOS : 257-316 . In further embodiments, the 95 % , 98 % , 99 % , or 100% identical to SEQ ID NO : 37 ; (v )
CR3022 - derived antibody or antigen -binding fragment com- a VL CDR2 having an amino acid sequence that is at least
US 11,034,762 B1
3 4
90 % , 95 % , 98 % , 99 % , or 100 % identical to SEQ ID NO : 65 PM , 260 PM , 250 PM , 240 PM , 230 PM , 220 PM , 210 PM ,
or 444 ; and ( vi) a VL CDR3 having an amino acid sequence 200 PM , 190 PM , 180 PM , 170 PM , or any integer therebe
that is at least 90 % , 95 % , 98 % , 99 % , or 100 % identical to tween . In further embodiments, the CR3022 -derived anti
SEQ ID NO : 126. In further embodiments, the CR3022- gen -binding fragment comprises a Fab , a Fab ' , a F ( ab ' ) 2 , a
derived antibody or antigen - binding fragment described 5 variable fragment (Fv ) , a triabody, a tetrabody , a minibody,
herein comprises an amino acid sequence that is at least a bispecific F (ab ' ) 2 , a trispecific F ( ab ' ) 2 , a diabody, a bis
20 % , 25 % , 30 % , 35 % , 40 % , 45 % , 50% , 55 % , 60% , 65 % , pecific diabody, a single chain variable fragment ( scFv) , a
70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100 % scFv - Fc , a Fab - Fc , a VHH , or a bispecific scFv.
identical to one or more of a FW -L1 comprising an amino Provided herein is a method of preventing or treating a
acid sequence of SEQ ID NO : 1 or 442 , a FW -L2 comprising 10 SARS -CoV -2 viral infection or COVID19 in a subject in
an amino acid of SEQ ID NO : 63 or 443 , a FW - L3
comprising an amino acid sequence of SEQ ID NO : 90 or need thereof. In some embodiments, the method comprises
445 , a FW- L4 comprising amino acid sequence of SEQ ID administering to the subject one or more of the antibodies or
NO : 152 a FW -H1 comprising an amino acid sequence of antigen -binding fragments described herein . In further
SEQ ID NO : 153, a FW -H2 comprising amino acid sequence 15 embodiments , the method further comprises administering
one or more additional therapies or drugs to the subject.
of SEQ ID NO : 188 , 446 , or 447 , a FW -H3 comprising an
amino acid sequence of any one of SEQ ID NOS : 251-254 Provided herein is a method of diagnosing a subject as
and 448-449 , and a FW- H4 comprising an amino acid having COVID19 or suspected of having COVID19 , the
sequence of SEQ ID NO : 317. In further embodiments, the method comprising contacting a sample obtained from the
CR3022-derived antibody or antigen - binding fragment 20 subject with a CR3022 - derived antibody or antigen - binding
described herein comprises a variable heavy chain (VH ) fragment described herein ; detecting the presence or absence
having an amino acid sequence that is at least 90% , 95 % , of the CR3022 -derived antibody or antigen -binding frag
98 % , 99 % , or 100 % identical to any one of SEQ ID NOS : ment; and diagnosing the subject as being infected with a
318-377 . In further embodiments, the CR3022 -derived anti- SARS -CoV - 2 virus when the presence of the CR3022
body or antigen -binding fragment described herein com- 25 derived antibody or antigen -binding fragment is detected .
prises a variable light chain (VL ) having an amino acid Further provided herein is a method, wherein the sample
sequence that is at least 90% , 95 % , 98 % , 99 % , or 100 % comprises a nasal swab, nasal swab , a tissue sample, saliva ,
identical to any one of SEQ ID NOS : 378-437 . In further or blood . Further provided herein is a method, wherein
embodiments, the CR3022 -derived antibody or antigen detecting the presence or absence of the antibody or antigen
binding fragment described herein comprises a VL having 30 binding fragment comprises an enzyme linked immunosor
an amino acid sequence that is at least 90 % , 95 % , 98 % , bent assay (ELISA) , an immunospot assay, a lateral flow
99 % , or 100 % identical to any one of SEQ ID NOS : assay, flow cytometry, immunohistochemistry, or a western
378-437 , and a VH having an amino acid sequence that is at blot .
least 70 % , 75 % , 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100 %
identical to any one of SEQ ID NOS : 318-377 . In further 35 INCORPORATION BY REFERENCE
embodiments , the CR3022 - derived antibody or antigen
binding fragment described herein comprises a VH having
an amino acid sequence that is at least 70 % , 75 % , 80 % , All publications, patents, and patent applications men
85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ IDtioned in this specification are herein incorporated by ref
NO : 352 and a VL having an amino acid sequence that is at 40 erence to the same extent as if each individual publication ,
least 70 % , 75 % , 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100 % patent, or patent application was specifically and individu
identical to SEQ ID NO : 412. In further embodiments, the ally indicated to be incorporated by reference .
CR3022 -derived antibody is an IgG , an IgM , an IgE , an IgA , BRIEF DISCLOSURE OF THE DRAWINGS
or an IgD , or is derived therefrom . In further embodiments,
the CR3022 - derived antibody comprises a monoclonal anti- 45
body, a grafted antibody, a chimeric antibody, a human The novel features of the invention are set forth with
antibody, or a humanized antibody. particularity in the appended claims . A better understanding
In further embodiments , provided herein is a CR3022- of the features and advantages of the present disclosure will
derived antibody or antigen -binding fragment wherein the be obtained by reference to the following detailed descrip
binding affinity is less than 50 nM , 49 nM , 48 nM , 47 nM , 50 tion that sets forth illustrative embodiments, in which the
46 nM , 45 nM , 44 nM , 43 nM , 42 nM , 41 nM , 40 nM , 39 principles of the disclosure are utilized , and the accompa
nM , 38 nM , 37 nM , 36 nM , 35 nM , 34 nM , 33 nM , 32 nM , nying drawings of which :
31 nM , 30 nM , 29 nM , 28 nM , 27 nM , 26 nM , 25 nM , 24 FIG . 1 provides representative viral antigen sequences for
nM , 23 nM , 22 nM , 21 nM , 20 nM , 19 nM , 18 nM , 17 nM , which antibodies can be generated .
16 nM , 15 nM , 14 nM , 13 nM , 12 nM , 11 nM , 10 nM , 9 nM , 55
8 nM , 7 nM , 6 nM , 5 nM , 4 nM , 3 nM , 2 nM , 1 nM , 990 PM , DETAILED DESCRIPTION OF THE
980 PM , 970 PM , 960 PM , 950 PM , 940 PM , 930 PM , 920 INVENTION
PM , 910 PM , 900 PM , 890 PM , 880 PM , 870 PM , 860 PM ,
850 PM , 840 PM , 830 PM , 820 PM , 810 PM , 800 PM , 790 In view of the ongoing pandemic , there is a great need for
PM , 780 PM , 770 PM , 760 PM , 750 PM , 740 PM , 730 PM , 60 therapeutic and diagnostic antibodies that selectively bind to
720 PM , 710 PM , 700 PM , 690 PM , 680 PM , 670 PM , 660 severe acute respiratory syndrome coronavirus 2 (SARS
PM , 650 PM , 640 PM , 630 PM , 620 PM , 610 PM , 600 PM , Cov - 2 ) .
590 PM , 580 PM , 570 pM , 560 pM , 550 PM , 540 PM , 530 " CR3022” as referenced herein refers to an antibody that
PM , 520 PM , 510 PM , 500 PM , 490 PM , 480 PM , 470 PM , selectively binds to SARS - Cov - 1 and which has the follow
460 PM , 450 PM , 440 PM , 430 PM , 420 PM , 410 PM , 400 65 ing combination of complementarity determining regions
PM , 390 PM , 380 PM , 370 PM , 360 PM , 350 PM , 340 PM , (CDRs ) , or the following variable heavy chain (VH ) , and
330 PM , 320 PM , 310 PM , 300 PM , 290 PM , 280 PM , 270 variable light chain (VL ) .
US 11,034,762 B1
5 6
antibody or antigen -binding fragment and the antigen causes
CR3022 Parental CDR Sequences SEQ ID NO a proportional increase in the refractive index , which is
VH CDR1 YGFITYWIG 168 observed as a change in response . These changes are mea
VH CDR2 GIIYPGDSETRYS 213 sured as changes in the resonance angle ( 80 ) of refracted
VH CDR3 CAGGSGISTPMDV 450 5 light when the antigen, flowing in a microfluidic channel,
VL CDR1 KSSQSVLYSSINKNYLA 3
binds to the immobilized antibody and increases in density
VL CDR2 WASTRES 438
VL CDR3 CQQYYSTPYT 439 at the sensor chip . For antibody - antigen interactions, the
change in refractive index on the surface is linearly related
to the number of antigens bound to an immobilized antibody.
SEQ
Clone VH / VL Parental Clone Sequence ID NO
CR3022 VH QMQLVQSGTEVKKPGESLKISCKGSGYGFITYWIGW 440
VRQMPGKGLEWMGIIYPGDSETRYSPSFQGQVTISA
DKSINTAYLOWSSLKASDTAIYYCAGGSGISTPMDV
WGQGTTVTVSS
CR3022 VL DIQLTQSPDSLAVSLGERATINCKSSQSVLYSSINKN 441
YLAWYQQKPGQPPKLLIYWASTRESGVPDRFSGSGS
GTDFTLTISSLQAEDVAVYYCQQYYSTPYTFGQGTK
VEIK
The present disclosure describes CR3022 -derived anti- The response signal ( the SPR signal) is quantified in reso
bodies and antigen -binding fragments herein that selectively nance units (RU ). When a steady - state is achieved ( all
bind to SARS - Cov - 2 . 25 binding sites occupied) , the maximum RU is determined (n :
A CR3022 - derived antibody or antigen -binding fragment number of binding sites in ligand ) . Monitoring the change in
herein that is derived from ” this parental clone refers to an the SPR signal over time produces a sensorgram , a plot of
antibody or antigen -binding fragment that does not comprise the binding response ( RU) versus time which allows differ
amino acid sequences that are 100 % identical to the com- ent stages of a binding event to be visualized and evaluated .
bination of CDRs of the parental clone , or that does not 30 During the injection of an antigen , the binding response
comprise amino acid sequences that are 100 % identical to increase is due to the formation of antigen - antibody com
the VH of SEQ ID NO : 440 and the VL of SEQ ID NO : 441 . plexes at the surface and the sensorgram is dominated by the
Instead , such CR3022 - derived antibodies or antibody-bind- association phase . After a certain time of injection , a steady
ing fragments can have some degree of sequence identity to state is reached , in which binding and dissociating mol
the parental clone CR3022 . 35 ecules are in equilibrium . The decrease in response after
As used herein , the terms “ CR3022 - derived antibody or analyte injection is terminated is due to dissociation of the
antigen -binding fragment " and " CR3022 -derived antibody complexes , defining the dissociation phase . Depending on
or antigen -binding fragment herein which selectively binds the dissociation rate of the tested antibody, some assays may
to SARS-Cov - 2 ” are synonymous. require a regeneration step in order to reach the baseline
A CR3022 - derived antibody or antigen -binding fragment 40 again . Fitting the sensorgram data to an appropriate kinetic
herein also refers to an antibody or antigen -binding fragment binding model allows calculation of kinetic parameters such
that selectively binds to SARS - Cov - 2 , and which has a as the association ( kq) and dissociation (ka) rate constants,
greater binding affinity for SARS - Cov - 2 than to SARS- Cov- and the binding affinity of the tested interactions.
1. A CR3022 - derived antibody or antigen -binding fragment Preferably, a CR3022 - derived antibody or antigen -bind
herein that is derived from the parental clone also refers to 45 ing fragment herein selectively binds to SARS - Cov - 2 with
a CR3022 -derived antibody or antigen -binding fragment a binding affinity of less than 50 nM . In one instance , a
that is capable of neutralizing the activity of SARS - Cov - 2 . CR3022 -derived antibody or antigen - binding fragment
A CR3022 - derived antibody or antigen -binding fragment herein that is derived from bnb6 can selectively bind to
herein can selectively bind to the receptor binding domain SARS - Cov - 2 with a binding affinity of from about 0.7 nM
( RBD ) of SARS - Cov - 2 . In one instance , a CR3022 - derived 50 (e.g. , 700 PM ) to about 50 nM . In one instance , a CR3022
antibody or antigen -binding fragment herein selectively derived antibody or antigen -binding fragment herein that is
binds solely to SARS - Cov - 2 , and not to SARSI , SARS2 , derived from 6nb6 can selectively bind to SARS - Cov - 2 with
and / or Middle East Respiratory Syndrome (MERS ) . a binding affinity of less than 50 nM , 49 nM , 48 nM , 47 nM ,
Binding affinity of a CR3022 -derived antibody or antigen- 46 nM , 45 nM , 44 nM , 43 nM , 42 nM , 41 nM , 40 nM , 39
binding fragment herein can be determined by any suitable 55 nM , 38 nM , 37 nM , 36 nM , 35 nM , 34 nM , 33 nM , 32 nM ,
means including, but not limited to , high -throughput surface 31 nM , 30 nM , 29 nM , 28 nM , 27 nM , 26 nM , 25 nM , 24
plasmon resonance ( SPR) kinetic experiments. Briefly, a nM , 23 nM , 22 nM , 21 nM , 20 nM , 19 nM , 18 nM , 17 nM ,
CR3022 -derived antibody or antigen -binding fragment 16 nM , 15 nM , 14 nM , 13 nM , 12 nM , 11 nM , 10 nM , 9 nM ,
herein is immobilized to a solid surface using an anti- V5 8 nM , 7 nM , 6 nM , 5 nM , 4 nM , 3 nM , 2 nM , 1 nM , 990 PM ,
antibody. Different concentrations of antigen ( SARS - Cov - 2 , 60 980 PM , 970 PM , 960 PM , 950 PM , 940 PM , 930 PM , 920
SARS - Cov - 1, SARS2 , or MERS RBD proteins) are flowed PM , 910 PM , 900 PM , 890 PM , 880 PM , 870 PM , 860 PM ,
over the immobilized CR3022 -derived antibodies or anti- 850 PM , 840 PM , 830 PM , 820 PM , 810 PM , 800 PM , 790
gen -binding fragments to characterize the interactions to the PM , 780 PM , 770 PM , 760 PM , 750 PM , 740 PM , 730 PM ,
immobilized CR3022 -derived antibodies or antigen -binding 720 PM , 710 PM , 700 PM , 690 PM , 680 PM , 670 PM , 660
fragments. The SPR signal originates from changes in the 65 PM , 650 PM , 640 PM , 630 PM , 620 PM , 610 PM , 600 PM ,
refractive index at the surface of a gold sensor chip . An 590 PM , 580 PM , 570 PM , 560 PM , 550 PM , 540 PM , 530
increase in mass associated with a binding event between an PM , 520 PM , 510 PM , 500 PM , 490 PM , 480 PM , 470 PM ,
US 11,034,762 B1
7 8
460 PM , 450 PM , 440 PM , 430 PM , 420 PM , 410 PM , 400 In some instances, a CR3022 -derived antibody or antigen
PM , 390 PM , 380 PM , 370 PM , 360 PM , 350 PM , 340 PM , binding fragment herein that selectively binds to SARS
330 PM , 320 PM , 310 PM , 300 PM , 290 PM , 280 pM , 270 Cov - 2 can further comprise an amino acid sequence that is
PM , 260 PM , 250 PM , 240 PM , 230 PM , 220 PM , 210 PM , at least 20 % , 25 % , 30% , 35 % , 40% , 45 % , 50% , 55 % , 50 % ,
200 PM , 190 PM , 180 pM , or 170 PM . 5 65 % , 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100 %
In any of the embodiments herein , a CR3022 -derived identical to one or more of a VH CDR1 comprising an amino
antibody or antigen - binding fragment herein can neutralize acid of any one of SEQ ID NOS : 155-187 , and a VH CDR2
the activity of SARS - Cov - 2 . Neutralization ability of a comprising an amino acid sequence of any one of SEQ ID
CR3022 -derived antibody or antigen -binding fragment NOS : 191-250 . In some instances, a CR3022 -derived anti
herein can be assessed using any suitable means including , 10 binds
body or antigen -binding fragment herein that selectively
but not limited to , an in vitro pseudovirus assay. For havingtoanSARS - Cov - 2 can further comprise a VH CDR1
amino acid sequence of X , X2FX2X4X5X6IX ,
example, spike genes from a SARS - Cov - 2 virus are codon ( SEQ ID NO : 154 ) , wherein X , is G or Y ; X2 is G or T ; X3
optimized for human cells and cloned into eukaryotic is I , S , or T ; X4 is D , S , T, or N ; X , is H or Y ; X , is A , W ,
expression plasmids to generate envelope recombinant plas- 15 G, or H ; and X , is G, H , or S ; and a VH CDR2 having an
mids ; mammalian cells are then transfected with the plas
mids . The transfected mammalian cells are contacted with a
amino acid sequence of GX , XXX , PX X X X X X , YX10
,?
8
COVID19_P09_H09 GIIYPGDGEARYS 197 COVID19_P09_H09 KSSQNVLYSSINKNYLA 9
COVID19_P10_A09 GWMNPNSGNTGYA 198 COVID19_P10_A09 TSSLSLQDRSNNKNYLT 10
COVID19_P10_B10 GMIIPRHGGTAYA 199 10 COVID19_P10_B10 KSSQSVLYSSNNKNYLA 11
COVID19_P10_C05 GIIYPGDGEARYS 200 COVID19_P10_C05 KSSQNVLYSSINKNYLA 12
COVID19_P10_D08 GWINPNSGATNYA 201 COVID19_P10_DOS KSSQSVLYSSINKNYLA 13
COVID19_P10_GO3 GRINPNSGGTNYA 202 COVID19_P10_G03 KSSQSVLYSSNNINYLA 14
COVID19_P21_A12 GSVIPVFGRPNYA 203 COVID19_P21_A12 KSSQSVLYSSINKNYLA 15
COVID19_P21_B01 GWIDPNSGGTNYA 204 COVID19_P21_B01 KSSQSVLYSSNKNNYLA 16
COVID19_P21_B02 GWMNPNSGNTGYA 205 15 COVID19_P21_B02 RSSQTVLYRSNNYNYLA 17
COVID19 P21_B09 GIIYPGDSEARYS 206
COVID19_P21_B09 KSSQSVLYSSNNLNYLA 18
COVID19 P21_B12 GMINPGGGNTNYA 207
COVID19_P21_B12 KSSQSVLYSSINKNYLA 19
COVID19 P21_E04 GWMNPNSGNTGYA 208
COVID19_P21_E08 GIIYPGDGETRYS 209 COVID19_P21_E04 KSSQSVLYSSNNKNYLA 20
COVID19_P21_F02 GIIYPGDGTTRYS 210 COVID19_P21_E08 KSSQSVLYSSINKNYLA 21
COVID19_P21_F08 GVINTGGGSVTYA 211 COVID19_P21_F02 KSSQRVLYSSNNLNYLA 22
COVID19 P21 HO2 GIIYPGDSETRYA 212 20 COVID19_P21_F08 KSSQSVLYSSNNINYLA 23
COVID19_P22_D06 GIIYPGDSETRYS 213 COVID19_P21_H02 KSSQSVLYSSINKNYLA 24
COVID19_P22_E06 GIIYPGDSETRYS 214 COVID19_P22_D06 KSSQSVLYSSINKNYLA 25
COVID19_P22_G12 GIIYPGDSETRYS 215 COVID19_P22_E06 KSSQSVLYSSINKNYLA 26
COVID19 P22 H10 GWINPNSGATKYA 216 COVID19_P22_G12 KSSQSVLYSSINKNYLA 27
COVID19_P09_B07 GGIIPTLGTANYA 217 COVID19_P22_H10 KSSQSVFHSSNNKNHLA 28
COVID19_P09_B09 GGIVPFSGTTNFA 218 25 COVID19_P09_B07 KSSQSVLYSSINKNYLA 29
COVID19_P09_B10 AMIVPRGGSTTYA 219 COVID19_P09_B09 KSSQSVLYSSINKNYLA 30
COVID19_P09_C05 GWIDPNSGGTNYA 220 COVID19_P09_B10 KSSQSVLYSSNNKNYLA 31
COVID19_P09_C08 GIIYPGDSETRYA 221 COVID19_P09_C05 KSSQSVLYSSNNHNYLA 32
COVID19_P09_D06 GIIYPGDSETRYA 222 COVID19_P09_C08 KSSQSVLHSAINKNYLA 33
COVID19_P09_G02 GIIYPGDSTTNYS 223
COVID19_P09_D06 KSSQSVLYSSINKNYLA 34
COVID19_P09_G04 GIIYPGDSETNYS 224 30 COVID19_P09_G02 KSSQSVLYSSINKNYLA 35
COVID19_P09_G12 GWMNPNSGNTGYA 225
COVID19_P10_B04 GIIYPGDGETRYS 226
COVID19_P09_G04 KSSQSVLYSSINKNYLA 36
COVID19_P10_B06 GIIYPGDSTTRYS 227 COVID19_P09_G12 RSSQSVLYSSNNKNYFA 37
COVID19_P10_B08 GWINPNSGGTKYA 228 COVID19_P10_B04 KSSQSVLYSSINKNYLA 38
COVID19_P21_A03 GGIIPIFGTANYA 229 COVID19_P10_B06 KSSQSVLYSSINKNYLA 39
COVID19_P21_A04 GIIYPGDSETRYS 230 35
COVID19 P10 BO8 KSSQSVLYSSNNKNYLA 40
COVID19_P21_A05 GIIYPGDGETRYS 231 COVID19_P21_A03 KSSQTISYSSDNKNYLA 41
COVID19_P21_A08 GWINPNSGGTNYA 232 COVID19_P21 A04 KSSQSVLYSSINKNYLA 42
COVID19_P21_A10 GIIYPGDGEARYS 233 COVID19_P21_A05 KSSQSVLYSSINKNYLA 43
COVID19_P21_B08 GVINTGGGSVTYA 234 COVID19_P21_A08 KSSQSVLYSSNNHNYLA 44
COVID19_P21_B11 GIIYPGDSETRYS 235 COVID19 P21 A10 KSSQSVLYSSINKNYLA 45
COVID19_P21_C09 GIIYPGDSETRYS 236
40
COVID19_P21_B08 KSSQSVLYSSINKNYLA 46
COVID19_P21_E07 GIIYPGDSETRYS 237 COVID19_P21_B11 KSSQSVLYSSINKNYLA 47
COVID19_P21_E12 GGIIPTLGTYNYA 238 COVID19_P21_C09 KSSQSVLYSSINKNYLA 48
COVID19_P21_F04 GQINPSGDSTRYA 239 COVID19_P21_E07 KSTQSVLYSSINKNYVA 49
COVID19_P21_F11 GIIYPGDSTARYS 240 COVID P21 KSSQSVLYSSINKNYLA 50
COVID19_P21_H01 GWINPNSGGTNYA 241
COVID19_P21_HO3 GWMNPYSGNTGYA 242
COVID19_P21_F04 KSSQSVLHSSNNLNYFA 51
25 % , 30 % , 35 % , 40 % , 45 % , 50 % , 55 % , 60% , 65 % , 70 % , DIVMTQSPDSLAVSLGERATINC 1
COVID19_P22_G12 DIVMTQSPDSLAVSLGERATINC 1
75 % , 80 % , 85 % , 90% , 95 % , 98 % , 99 % , or 100 % identical COVID19_P22_H10 DIVMTQSPDSLAVSLGERATINC 1
to SEQ ID NO : 250 ; (iv ) a VL CDR1 having an amino acid COVID19_P09_B07 DIVMTQSPDSLAVSLGERATINC 1
sequence that is at least 20 % , 25 % , 30 % , 35 % , 40 % , 45 % , COVID19_P09_B09 DIVMTQSPDSLAVSLGERATINC
COVID19_P09_B10 DIVMTQSPDSLAVSLGERATINC 1
50 % , 55 % , 60 % , 65 % , 70 % , 75 % , 80% , 85 % , 90% , 95 % , 20 COVID19_P09_C05 DIVMTQSPDSLAVSLGERATINC 1
98 % , 99 % , or 100 % identical to SEQ ID NO : 62 ; (v ) a VL COVID19_P09_C08 DIVMTQSPDSLAVSLGERATINC 1
CDR2 having an amino acid sequence that is at least 20 % , COVID19_P09_D06 DIVMTQSPDSLAVSLGERATINC 1
25 % , 30 % , 35 % , 40 % , 45 % , 50 % , 55 % , 60% , 65 % , 70 % , COVID19_P09_G02 DIVMTQSPDSLAVSLGERATINC 1
COVID19_P09_G04 DIVMTQSPDSLAVSLGERATINC 1
75 % , 80 % , 85 % , 90% , 95 % , 98 % , 99 % , or 100 % identical COVID19 P09 G12 DIVMTQSPDSLAVSLGERATINC 1
to SEQ ID NO : 65 ; and (vi ) a VL CDR3 having an amino 25
COVID19_P10_B04 DIVMTQSPDSLAVSLGERATINC 1
acid sequence that is at least 20 % , 25 % , 30% , 35 % , 40 % , COVID19 P10 B06 DIVMTQSPDSLAVSLGERATINO 1
45 % , 50 % , 55 % , 60 % , 65 % , 70 % , 75 % , 80% , 85 % , 90 % , COVID19_P10_BOX DIVMTQSPDSLAVSLGERATINC 1
COVID19 P21 A03 DIVMTQSPDSLAVSLGERATINC 1
95 % , 98 % , 99 % , or 100 % identical to SEQ ID NO : 151 . COVID19 P21 A04 DIVMTQSPDSLAVSLGERATINC 1
Representative Frameworks (FW ) of Antibodies and Anti- COVID19 P21 A05 DIVMTQSPDSLAVSLGERATINC 1
gen - Binding Fragments that Selectively Bind to SARS- COVID19 P21 A08 DIVMTQSPDSLAVSLGERATINC 1
COV - 2 30 COVID19_P21_A10 DIVMTQSPDSLAVSLGERATINC 1
COVID19 P21 B08 DIVMTQSPDSLAVSLGERATINC 1
A CR3022 -derived antibody or antigen -binding fragment COVID19_P21_B11 DIVMTQSPDSLAVSLGERATINC 1
herein that selectively binds to SARS - Cov - 2 can comprise COVID19_P21_C09 DIVMTQSPDSLAVSLGERATINC 1
an amino acid sequence that is at least 20 % , 25 % , 30 % , COVID19_P21_E07 DIVMTQSPDSLAVSLGERATINC 1
COVID19 P21 E12 DIVMTQSPDSLAVSLGERATINC 1
35 % , 40 % , 45 % , 50 % , 55 % , 60 % , 65 % , 70% , 75 % , 80 % , 35 COVID19_P21_F04 DIVMTQSPDSLAVSLGERATINC 1
85 % , 90 % , 95 % , 98 % , 99 % , or 100 % identical to one or COVID19_P21_F11 DIVMTQSPDSLAVSLGERATINC 1
more of a FW- L1 comprising an amino acid sequence of COVID19_P21_H01 DIVMTQSPDSLAVSLGERATINC 1
SEQ ID NO : 1 or 442 , a FW- L2 comprising an amino acid COVID19 P21 HO3 DIVMTQSPDSLAVSLGERATINO 1
35
COVID19 P10 B10 GQGTLVTVSS 317 COVID19 P21 A04 GQGTLVTVSS 317
COVID19 P10 DOS GQGTLVTVSS 317 COVID19 P21 A08 GQGTLVTVSS 317
40
COVID19 P10 G03 GQGTLVTVSS 317 COVID19 P21 A10 GQGTLVTVSS 317
COVID19 P21 A12 GQGTLVTVSS 317 COVID19 P21 B08 GQGTLVTVSS 317
COVID19 P22 H10 GQGTLVTVSS 317 COVID19 P22 E10 GQGTLVTVSS 317
5
A CR3022 - derived antibody or antigen -binding fragment
COVID19_P22_F07 GQGTLVTVSS 317
herein that selectively binds to SARS - CoV - 2 can comprise
COVID19_P22_F11 GQGTLVTVSS 317 an VH having an amino acid sequence that is at least 70 % ,
75 % , 80 % , 85 % , 90% , 95 % , 98 % , 99 % , or 100% identical
to any one of the following sequences:
SEQ ID
Clone ID VH NO :
SEQ ID
Clone ID VH NO :
SEQ ID
Clone ID VH NO :
SEQ ID
Clone ID VH NO :
SEQ ID
Clone ID VL NO :
SEQ ID
Clone ID VL NO :
SEQ ID
Clone ID VL NO :
45
In one instance , the antibody or antigen - binding fragment In one instance, the antibody or antigen -binding fragment
that selectively binds to SARS - Cov - 2 can comprise VH that selectively binds to SARS - Cov - 2 can comprise a VH
having an amino acid sequence that is at least 70% , 75 % , having an amino acid sequence that is at least 70 % , 75 % ,
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 50
80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
ID NO : 318 and a VL having an amino acid sequence that ID NO : 321 and a VL having an amino acid sequence that
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
100% identical to SEQ ID NO : 378 . 100 % identical to SEQ ID NO : 381 .
In one instance , the antibody or antigen -binding fragment In one instance , the antibody or antigen - binding fragment
that selectively binds to SARS - Cov - 2 can comprise a VH 55 that selectively binds to SARS - Cov - 2 can comprise a VH
having an amino acid sequence that is at least 70% , 75 % , having an amino acid sequence that is at least 70 % , 75 % ,
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
ID NO : 319 and a VL having an amino acid sequence that ID NO : 322 and a VL having an amino acid sequence that
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
100% identical to SEQ ID NO : 379 . 60 100 % identical to SEQ ID NO : 382 .
In one instance, the antibody or antigen -binding fragment In one instance, the antibody or antigen -binding fragment
that selectively binds to SARS - Cov - 2 can comprise a VH that selectively binds to SARS - Cov - 2 can comprise a VH
having an amino acid sequence that is at least 70% , 75 % , having an amino acid sequence that is at least 70 % , 75 % ,
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
ID NO : 320 and a VL having an amino acid sequence that 65 ID NO : 323 and a VL having an amino acid sequence that
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 9 % , or is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
100% identical to SEQ ID NO : 380 . 100 % identical to SEQ ID NO : 383 .
US 11,034,762 B1
61 62
In one instance, the antibody or antigen -binding fragment ID NO : 333 and a VL having an amino acid sequence that
that selectively binds to SARS - Cov - 2 can comprise a VH is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
having an amino acid sequence that is at least 70% , 75 % , 100 % identical to SEQ ID NO : 393 .
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ In one instance, the antibody or antigen - binding fragment
ID NO : 324 and a VL having an amino acid sequence that 5 that selectively binds to SARS - Cov - 2 can comprise a VH
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or having an amino acid sequence that is at least 70 % , 75 % ,
100% identical to SEQ ID NO : 384 . 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
In one instance , the antibody or antigen - binding fragment ID NO : 334 and a VL having an amino acid sequence that
that selectively binds to SARS - Cov - 2 can comprise a VH is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
having an amino acid sequence that is at least 70% , 75 % , 10 100 % identical to SEQ ID NO : 394 .
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
ID NO : 325 and a VL having an amino acid sequence that thatIn selectively one instance, the antibody or antigen -binding fragment
binds to SARS - Cov - 2 can comprise a VH
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
100% identical to SEQ ID NO : 385 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance, the antibody or antigen- binding fragment 15 ID80 %NO
, 85: %335,90and
%, 95a VL
%, 98having
% , 99an%, amino
or 100%acididentical to SEQ
sequence that
that selectively binds to SARS - Cov - 2 can comprise a VH
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 395 .
ID NO : 326 and a VL having an amino acid sequence that In one instance, the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 20 that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 386 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance , the antibody or antigen - binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH ID NO : 336 and a VL having an amino acid seq ce that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 25 100 % identical to SEQ ID NO : 396 .
ID NO : 327 and a VL having an amino acid sequence that In one instance, the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 387 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance , the antibody or antigen - binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH 30 ID NO : 337 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 397 .
ID NO : 328 and a VL having an amino acid sequence that In one instance, the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 388 . 35 having an amino acid sequence that is at least 70 % , 75 % ,
In one instance, the antibody or antigen -binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH ID NO : 338 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 398 .
ID NO : 329 and a VL having an amino acid sequence that 40 In one instance, the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 389 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance, the antibody or antigen -binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH ID NO : 339 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , 45 is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 399 .
ID NO : 330 and a VL having an amino acid sequence that In one instance , the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 390 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance, the antibody or antigen -binding fragment 50 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH ID NO : 340 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 400 .
ID NO : 331 and a VL having an amino acid sequence that In one instance, the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 55 having
that selectively binds to SARS - Cov - 2 can comprise a VH
an amino acid sequence that is at least 70 % , 75 % ,
100% identical to SEQ ID NO : 391 .
In one instance, the antibody or antigen -binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH ID NO : 341 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100 % identical to SEQ 60 100 % identical to SEQ ID NO : 401 .
ID NO : 332 and a VL having an amino acid sequence that In one instance, the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 392 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance , the antibody or antigen - binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH 65 ID NO : 342 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 402 .
US 11,034,762 B1
63 64
In one instance, the antibody or antigen -binding fragment ID NO : 352 and a VL having an amino acid sequence that
that selectively binds to SARS - Cov - 2 can comprise a VH is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
having an amino acid sequence that is at least 70% , 75 % , 100 % identical to SEQ ID NO : 412 .
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ In one instance, the antibody or antigen - binding fragment
ID NO : 343 and a VL having an amino acid sequence that 5 that selectively binds to SARS - Cov - 2 can comprise a VH
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or having an amino acid sequence that is at least 70 % , 75 % ,
100% identical to SEQ ID NO : 403 . 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
In one instance , the antibody or antigen - binding fragment ID NO : 353 and a VL having an amino acid sequence that
that selectively binds to SARS - Cov - 2 can comprise a VH is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
having an amino acid sequence that is at least 70% , 75 % , 10 100 % identical to SEQ ID NO : 413 .
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
ID NO : 344 and a VL having an amino acid sequence that thatIn selectively one instance, the antibody or antigen -binding fragment
binds to SARS - Cov - 2 can comprise a VH
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
100% identical to SEQ ID NO : 404 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance, the antibody or antigen - binding fragment 15 ID80 %NO, 85: %354, 90and
%, 95a VL
%, 98having
%, 99an%, amino
or 100%acididentical to SEQ
sequence that
that selectively binds to SARS - Cov - 2 can comprise a VH
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 414 .
ID NO : 345 and a VL having an amino acid sequence that In one instance, the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 20 that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 405 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance , the antibody or antigen - binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH ID NO : 355 and a VL having an amino acid seq ce that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 25 100 % identical to SEQ ID NO : 415 .
ID NO : 346 and a VL having an amino acid sequence that In one instance , the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 406 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance , the antibody or antigen - binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH 30 ID NO : 356 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 416 .
ID NO : 347 and a VL having an amino acid sequence that In one instance, the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 407 . 35 having an amino acid sequence that is at least 70 % , 75 % ,
In one instance, the antibody or antigen -binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH ID NO : 357 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 417 .
ID NO : 348 and a VL having an amino acid sequence that 40 In one instance, the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 408 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance, the antibody or antigen -binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH ID NO : 358 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , 45 is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 418 .
ID NO : 349 and a VL having an amino acid sequence that In one instance , the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 409 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance, the antibody or antigen -binding fragment 50 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH ID NO : 359 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 419 .
ID NO : 350 and a VL having an amino acid sequence that In one instance, the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 55 having
that selectively binds to SARS - Cov - 2 can comprise a VH
an amino acid sequence that is at least 70 % , 75 % ,
100% identical to SEQ ID NO : 410 .
In one instance, the antibody or antigen -binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH ID NO : 360 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 60 100 % identical to SEQ ID NO : 420 .
ID NO : 351 and a VL having an amino acid sequence that In one instance , the antibody or antigen - binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 411 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance , the antibody or antigen - binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH 65 ID NO : 361 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 421 .
US 11,034,762 B1
65 66
In one instance, the antibody or antigen -binding fragment ID NO : 371 and a VL having an amino acid sequence that
that selectively binds to SARS - Cov - 2 can comprise a VH is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
having an amino acid sequence that is at least 70% , 75 % , 100 % identical to SEQ ID NO : 431 .
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ In one instance, the antibody or antigen - binding fragment
ID NO : 362 and a VL having an amino acid sequence that 5 that selectively binds to SARS - Cov - 2 can comprise a VH
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or having an amino acid sequence that is at least 70 % , 75 % ,
100% identical to SEQ ID NO : 422 . 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
In one instance , the antibody or antigen - binding fragment ID NO : 372 and a VL having an amino acid sequence that
that selectively binds to SARS - Cov - 2 can comprise a VH is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
having an amino acid sequence that is at least 70% , 75 % , 10 100 % identical to SEQ ID NO : 432 .
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
ID NO : 363 and a VL having an amino acid sequence that thatIn selectively one instance, the antibody or antigen -binding fragment
binds to SARS - Cov - 2 can comprise a VH
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
100% identical to SEQ ID NO : 423 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance, the antibody or antigen- binding fragment 15 ID80 %NO
, 85: %373,90and
%, 95a VL
%, 98having
% , 99an%, amino
or 100%acididentical to SEQ
sequence that
that selectively binds to SARS - Cov - 2 can comprise a VH
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 433 .
ID NO : 364 and a VL having an amino acid sequence that In one instance, the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 20 that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 424 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance , the antibody or antigen - binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH ID NO : 374 and a VL having an amino acid seq ce that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 25 100 % identical to SEQ ID NO : 434 .
ID NO : 365 and a VL having an amino acid sequence that In one instance , the antibody or antigen - binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 425 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance , the antibody or antigen - binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH 30 ID NO : 375 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99% , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 435 .
ID NO : 366 and a VL having an amino acid sequence that In one instance, the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 426 . 35 having an amino acid sequence that is at least 70 % , 75 % ,
In one instance, the antibody or antigen -binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH ID NO : 376 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 436 .
ID NO : 367 and a VL having an amino acid sequence that 40 In one instance, the antibody or antigen -binding fragment
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or that selectively binds to SARS - Cov - 2 can comprise a VH
100% identical to SEQ ID NO : 427 . having an amino acid sequence that is at least 70 % , 75 % ,
In one instance, the antibody or antigen -binding fragment 80% , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ
that selectively binds to SARS - Cov - 2 can comprise a VH ID NO : 377 and a VL having an amino acid sequence that
having an amino acid sequence that is at least 70% , 75 % , 45 is at least 70% , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 100 % identical to SEQ ID NO : 437 .
ID NO : 368 and a VL having an amino acid sequence that Modified Antibodies
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or The present disclosure provides for modified antibodies .
100% identical to SEQ ID NO : 428 . Modified antibodies can comprise antibodies which have
In one instance, the antibody or antigen -binding fragment 50 one or more modifications which can enhance their activity,
that selectively binds to SARS - Cov - 2 can comprise a VH binding, specificity, selectivity , or another feature . In one
having an amino acid sequence that is at least 70% , 75 % , aspect , the present disclosure provides for modified anti
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ bodies (which can be heteromultimers ) that comprise a
ID NO : 369 and a VL having an amino acid sequence that CR3022 -derived antibody as described herein . Reference to
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 55 binding
a modifiedfragment
antibody
.
herein also refers to a modified antigen
100% identical to SEQ ID NO : 429 .
In one instance , the antibody or antigen - binding fragment A modified antibody can comprise a bispecific modified
that selectively binds to SARS - Cov - 2 can comprise a VH antibody, a trispecific modified antibody or antigen -binding
having an amino acid sequence that is at least 70% , 75 % , fragment, or a tetraspecific modified antibody or antigen
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ 60 binding fragment. A bispecific modified antibody can be
ID NO : 370 and a VL having an amino acid sequence that able to specifically bind to 2 targets. In some cases , one of
is at least 70 % , 75 % , 80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or the targets a bispecific modified antibody can specifically
100% identical to SEQ ID NO : 430 . bind to can be a SARS - CoV - 2 . A trispecific modified anti
In one instance , the antibody or antigen - binding fragment body can be able to specifically bind to 3 targets. In some
that selectively binds to SARS - Cov - 2 can comprise a VH 65 cases , one of the targets a trispecific modified antibody can
having an amino acid sequence that is at least 70% , 75 % , specifically bind to can be a SARS - CoV - 2 . A tetraspecific
80 % , 85 % , 90 % , 95 % , 98 % , 99 % , or 100% identical to SEQ modified antibody can be able to specifically bind to 4
US 11,034,762 B1
67 68
targets. In some cases , one of the targets a tetraspecific modification of the modified antibody polypeptide can com
modified antibody can specifically bind to can be a SARS-prise altering the native glycosylation pattern of the poly
CoV - 2 . peptide. Herein , “ altering” can mean deleting one or more
A modified antibody can comprise a human modified carbohydrate moieties found in the original modified anti
antibody. Also included herein are amino acid sequence 5 body, and / or adding one or more glycosylation sites that are
variants of the modified antibody which can be prepared by not present in the original modified antibody. Addition of
introducing appropriate nucleotide changes into the modi- glycosylation sites to the modified antibody polypeptide can
fied antibody DNA, or by synthesis of the desired modified be accomplished by altering the amino acid sequence such
antibody polypeptide. Such variants include, for example, that it contains one or more N - linked glycosylation sites .
deletions from , or insertions or substitutions of, residues 10 The alteration may also be made by the addition of, or
substitution by, one or more serine or threonine residues to
within the amino acid sequences of the first and second the original modified antibody sequence ( for O - linked gly
polypeptides forming the modified antibody. Any combina cosylation sites ) . For ease , the modified antibody amino acid
tion of deletion, insertion , and substitution is made to arrive sequence can be altered through changes at the DNA level ,
at the final construct, provided that the final construct
possesses the desired antigen -binding characteristics . The 15 particularly by mutating the DNA encoding the modified
antibody polypeptide at preselected bases such that codons
amino acid changes also may alter post- translational pro are generated that will translate into the desired amino acids .
cesses of the modified antibody, such as changing the Another means of increasing the number of carbohydrate
number or position of glycosylation sites . moieties on the modified antibody polypeptide is by chemi
" Alanine scanning mutagenesis
residues” orcanregions
be a useful
ofthemethod
modi- 20 Removal
cal orenzymatic coupling of glycosides to the polypeptide.
forfiedidentification of certain
antibody polypeptides that might be preferred locations of carbohydrate moieties present on the modified
antibody can be accomplished chemically or enzymatically.
for mutagenesis. Here , a residue or group of target residues Another type of covalent modification of modified anti
are identified (e.g. , charged residues such as Arg, Asp , His ,
body comprises linking the modified antibody polypeptide
Lys , and Glu ) and replaced by a neutral or negatively 25 to one of a variety of non -proteinaceous polymers, e.g. ,
charged amino acid ( for example, alanine or polyalanine) to polyethylene glycol , polypropylene glycol , or polyoxyal
affect the interaction of the amino acids with the surrounding kylenes.
aqueous environment in or outside the cell . Those domains Methods for complexing binding agents or the antibody or
demonstrating functional sensitivity to the substitutions then antigen -binding fragments thereof herein with another agent
are refined by introducing further or other variants at or for 30 are known in the art. Such methods may utilize one of
the sites of substitution. Thus, while the site for introducing
an amino acid sequence variation is predetermined , the several available heterobifunctional reagents used for cou
nature of the mutation per se need not be predetermined.
pling or linking molecules .
Normally the mutations can involve conservative amino
In one instance , Fc portions of antibodies can be modified
to increase half - life of the molecule in the circulation in
acid replacements in non - functional regions of the modified 35 blood when administered to a subject.
antibody. Exemplary mutations are shown below . Additionally, antibodies may be produced or expressed so
that they do not contain fucose on their complex N -glyco
Original Residue Exemplary Substitutions Preferred Substitutions side - linked sugar chains to increase effector functions. Simi
larly, antibodies can be attached at their C - terminal end to all
Ala ( A ) Val; Leu ; Ile Val 40 or part of an immunoglobulin heavy chain derived from any
Arg (R) Lys; Gln ; Asn Lys antibody isotype, e.g. , IgG , IgA , IgE , IgD , and IgM , and any
Asn ( N ) Gln ; His ; Lys; Arg Gin
of the isotype subclasses, e.g. , IgG1 , IgG2b , IgG2a , IgG3 ,
Asp (D) Glu Glu
Cys ( C ) Ser Ser and IgG4 .
Gln (Q) Asn
Asp
Asn
Asp
Glycosylation of immunoglobulins has been shown to
Glu (E) 45 have significant effects on their effector functions, structural
Gly ( G) Pro; Ala Ala
His (H) Asn ; Gln ; Lys; Arg Arg stability, and rate of secretion from antibody -producing
Ile (I) Leu ; Val; Met ; Ala ; Leu cells . Antibodies and antigen -binding fragments herein may
Leu ( L)
Phe ; Norleucine
Ile
be glycosylated . Glycosylation at a variable domain frame
Norleucine; Ile ; Val;
Met ; Ala ; Phe work residue can alter the binding interaction of the anti
Lys ( K ) Arg; Gln; Asn Arg 50 body with antigen . The present disclosure includes criteria
Met ( M ) Leu ; Phe ; Ile Leu by which a limited number of amino acids in the framework
Phe (F) Leu ; Val; Ile ; Ala ; Tyr Leu or CDRs of an immunoglobulin chain can be chosen to be
Pro (P) Ala Ala mutated (e.g. , by substitution , deletion , and /or addition of
Ser (S) Thr Thr
Thr (T ) Ser Ser residues ) in order to increase the affinity of an antibody.
Trp ( W ) Tyr; Phe Tyr 55 Linkers for conjugating antibodies to other moieties are
Tyr ( Y ) Trp ; Phe ; Thr; Ser Phe within the scope of the present disclosure . Associations
Val (V ) Ile ; Leu ; Met ; Phe ; Leu
(binding ) between antibodies and labels include, but are not
Ala ; Norleucine limited to , covalent and non -covalent interactions, chemical
conjugation, as well as recombinant techniques .
Covalent modifications of antibody, antigen - binding frag- 60 Antibodies, or antigen -binding fragments thereof, can be
ment, or modified antibody polypeptides are included within modified for various purposes such as , for example, by
the scope of this disclosure. Covalent modifications of the addition of polyethylene glycol ( PEG) . PEG modification
modified antibody can be introduced into the molecule by (PEGylation ) can lead to one or more of improved circula
reacting targeted amino acid residues of the modified anti- tion time , improved solubility, improved resistance to pro
body or fragments thereof with an organic derivatizing agent 65 teolysis, reduced antigenicity and immunogenicity ,
that can be capable of reacting with selected side chains or improved bioavailability, reduced toxicity, improved stabil
the N- or C - terminal residues. Another type of covalent ity, and easier formulation.
US 11,034,762 B1
69 70
A CR3022 - derived antibody or antigen -binding fragment include , but are not limited to , viral vectors ; naked DNA or
can be conjugated to , or recombinantly engineered with , an RNA expression vectors ; plasmid , cosmid , or phage vectors ;
affinity tag (e.g. , a purification tag ) . Affinity tags such as , for DNA or RNA expression vectors associated with cationic
example , His6 tags (His - His - His - His - His - His ) ( SEQ ID NO : condensing agents; DNA or RNA expression vectors encap
451 ) have been described . 5 sulated in liposomes ; and certain eukaryotic cells , such as
Since it is often difficult to predict in advance the char- producer cells .
acteristics of a variant modified antibody, it will be appre- As used herein , “ expression control sequence” means a
ciated that some screening of the recovered variants may be nucleic acid sequence that directs transcription of a nucleic
needed to select an optimal variant. Exemplary methods of acid . An expression control sequence can be a promoter,
screening the recovered variants are described below in the 10 such as a constitutive or an inducible promoter, or an
Examples enhancer. The expression control sequence is operably
Methods of Expressing Antibodies linked to the nucleic acid sequence to be transcribed . An
Also provided herein are methods of making any of these expression vector can be used to direct expression of an
antibodies or polypeptides . The polypeptides can be pro- antibody. Expression vectors can be administered to obtain
duced by proteolytic or other degradation of the antibodies, 15 expression of an exogenous protein in vivo.
by recombinant methods (i.e. , single or fusion polypeptides ) For high level production, a widely used mammalian
as described above, or by chemical synthesis . Polypeptides expression system is one which utilizes Lonza's GS Gene
of the antibodies, especially shorter polypeptides up to about Expression SystemTM This system uses a viral promoter and
50 amino acids , can be made by chemical synthesis. Meth- selection via glutamine metabolism to provide development
ods of chemical synthesis are commercially available . For 20 of high -yielding and stable mammalian cell lines.
example , an antibody could be produced by an automated For alternative high -level production, a widely used mam
polypeptide synthesizer employing a solid phase method . malian expression system is one which utilizes gene ampli
Antibodies may be made recombinantly by first isolating fication by dihydrofolate reductase deficient ( “ dhfr ”) Chi
the antibodies and antibody producing cells from host ani- nese hamster ovary cells . The system is based upon the
mals , obtaining the gene sequence, and using the gene 25 dihydrofolate reductase “ dhfr” gene, which encodes the
sequence to express the antibody recombinantly in host cells DHFR enzyme, which catalyzes conversion of dihydrofolate
( e.g. , CHO cells ) . Another method which may be employed to tetrahydrofolate. In order to achieve high production,
is to express the antibody sequence in plants ( e.g. , tobacco ) dhfr - CHO cells are transfected with an expression vector
or transgenic milk . Methods for expressing antibodies containing a functional DHFR gene , together with a gene
recombinantly in plants or milk have been disclosed . Meth- 30 that encodes a desired protein . In this case , the desired
ods for making derivatives of antibodies, e.g. , single chain , protein is recombinant antibody heavy chain and / or light
etc. are also within the scope of the present disclosure . chain .
As used herein , " host cell ” includes an individual cell or By increasing the amount of the competitive DHFR
cell culture that can be or has been a recipient for vector ( s ) inhibitor methotrexate ( MTX ) , the recombinant cells
for incorporation of polynucleotide inserts . Host cells 35 develop resistance by amplifying the dhfr gene. In standard
include progeny of a single host cell , and the progeny may cases , the amplification unit employed is much larger than
not necessarily be completely identical (in morphology or in the size of the dhfr gene , and as a result the antibody heavy
genomic DNA complement) to the original parent cell due to chain is co - amplified.
natural, accidental, or deliberate mutation . A host cell When large scale production of the protein, such as the
includes cells transfected with a polynucleotide ( s) of this 40 antibody chain , is desired, both the expression level and the
disclosure . stability of the cells being employed are taken into account.
DNA encoding an antibody may be readily isolated and The present application provides one or more isolated
sequenced using conventional procedures ( e.g. , by using polynucleotides ( nucleic acids ) encoding an antibody or an
oligonucleotide probes that are capable of binding specifi- antigen -binding fragment herein , vectors containing such
cally to genes encoding the heavy and light chains of the 45 polynucleotides, and host cells and expression systems for
monoclonal antibodies ). Hybridoma cells may serve as a transcribing and translating such polynucleotides into poly
source of such DNA . Once isolated , the DNA may be placed peptides.
into one or more expression vectors ( such as expression The present application also provides constructs in the
vectors disclosed in PCT Publication No. WO 87/04462 ) , form of plasmids , vectors , transcription or expression cas
which are then transfected into host cells such as E. coli 50 settes which comprise at least one polynucleotide as above .
cells , simian COS cells , Chinese hamster ovary (CHO ) cells , The present application also provides a recombinant host
or myeloma cells that do not otherwise produce immuno- cell which comprises one or more constructs as above . A
globulin protein , to obtain the synthesis of monoclonal nucleic acid encoding any antibody or antigen - binding frag
antibodies in the recombinant host cells . The DNA also may ment herein forms an aspect of the present application , as
be modified , for example, by substituting the coding 55 does a method of production of the antibody, which method
sequence for human heavy and light chain constant domains comprises expression from encoding nucleic acid therefrom .
in place of the homologous murine sequences, or by cova- Expression can be achieved by culturing under appropriate
lently joining to the immunoglobulin coding sequence all or conditions recombinant host cells containing the nucleic
part of the coding sequence for a non - immunoglobulin acid . Following production by expression , an antibody or a
polypeptide . In that manner, “ chimeric ” or “ hybrid ” anti- 60 portion thereof can be isolated and / or purified using any
bodies are prepared that have the binding specificity of an suitable technique, then used as appropriate.
antibody herein . Systems for cloning and expression of a polypeptide in a
Contemplated herein are vectors that encode the one or variety of different host cells are contemplated for use
more antibodies or antigen -binding fragments herein . As herein .
used herein , “ vector” means a construct, which is capable of 65 A further aspect provides a host cell containing nucleic
delivering, and possibly expressing, one or more gene (s ) or acid as disclosed herein using any suitable method . A still
sequence ( s) of interest in a host cell . Examples of vectors further aspect provides a method comprising introducing
US 11,034,762 B1
71 72
such nucleic acid into a host cell . The introduction can be thesized at least in part by using the subject's cellular
followed by causing or allowing expression from the nucleic transcription and / or translation machinery. In some cases ,
acid , e.g. , by culturing host cells under conditions for for example where the polynucleotide is an mRNA mol
expression of the gene . ecule , the antibody or antigen -binding fragment can be
One or more polynucleotides encoding an antibody or an 5 synthesized at least in part by using the subject's cellular
antigen -binding fragment can be prepared recombinantly / translation machinery (e.g. , ribosomes , tRNA , etc. ) . In some
synthetically in addition to , or rather than , cloned . In a cases , antibody or antigen -binding fragments can be trans
further embodiment, the full DNA sequence of the recom- ported from a cell to the plasma of the subject after trans
binant DNA molecule or cloned gene ( s ) of an antibody or lation .
antigen - binding fragment herein can be operatively linked to 10 Compositions
an expression control sequence which can be introduced into Compositions comprising a CR3022 - derived antibody or
an appropriate host using any suitable method . antigen - binding fragment herein may be prepared for stor
Nucleic acid sequences can be expressed by operatively age by mixing an antibody or antigen -binding fragment
linking them to an expression control sequence in an appro- having the desired degree of purity with optional pharma
priate expression vector and employing that expression 15 ceutically acceptable carriers, excipients or stabilizers
vector to transform an appropriate host cell . Any of a wide (Remington , The Science and Practice of Pharmacy 20th Ed .
variety of expression control sequences — sequences that Mack Publishing ( 2000 ) ), in the form of lyophilized formu
control the expression of a nucleic acid sequence operatively lations or aqueous solutions .
linked to it can be used in these vectors to express the As used herein , " pharmaceutically acceptable carrier ” or
nucleic acid sequences. 20 “ pharmaceutical acceptable excipient ” includes any material
A wide variety of host / expression vector combinations which, when combined with an active ingredient, allows the
can be employed in expressing the nucleic acid sequences of ingredient to retain biological activity and is non - reactive
this disclosure . It will be understood that not all vectors , with the subject's immune system . Examples include, but
expression control sequences , and hosts will function are not limited to , any of the standard pharmaceutical
equally well to express the nucleic acid sequences. Neither 25 carriers such as a phosphate buffered saline solution , water,
will all hosts function equally well with the same expression emulsions such as oil /water emulsion , and various types of
system . In some embodiments, in selecting a vector, the host wetting agents. Preferred diluents for aerosol or parenteral
is considered such that the vector can function in it . The administration are phosphate buffered saline or normal
vector's copy number, the ability to control that copy (0.9 % ) saline . Compositions comprising such carriers are
number, and the expression of any other proteins encoded by 30 formulated by well-known conventional methods ( see , for
the vector, such as antibiotic markers , may also be consid- example , Remington's Pharmaceutical Sciences, 18th edi
ered . In certain embodiments , in selecting a vector, the host tion , A. Gennaro , Ed . , Mack Publishing Co. , Easton, Pa . ,
is considered such that the vector functions in it . The 1990 ; and Remington, The Science and Practice of Phar
vector's copy number, the ability to control that copy macy 20th Ed . Mack Publishing , 2000 ) .
number, and the expression of any other proteins encoded by 35 Acceptable carriers, excipients, or stabilizers are nontoxic
the vector, such as antibiotic markers, can also be consid- to recipients at the dosages and concentrations employed,
ered . and may comprise buffers such as phosphate , citrate, and
The present application also provides a method which other organic acids ; salts such as sodium chloride ; antioxi
comprises using a construct as stated above in an expression dants including ascorbic acid and methionine; preservatives
system order to express the antibodies (or portions 40 ( such as octadecyldimethylbenzyl ammonium chloride ; hex
thereof) as above . Considering these and other factors, a amethonium chloride ; benzalkonium chloride, benzetho
variety of vector /expression control sequence /host combi- nium chloride; phenol, butyl or benzyl alcohol ; alkyl para
nations can be constructed that can express the nucleic acid bens, such as methyl or propyl paraben; catechol; resorcinol ;
sequences on fermentation or in large scale animal culture . cyclohexanol; 3-pentanol; and m -cresol); low molecular
Simultaneous incorporation of the antibody ( or portion 45 weight ( less than about 10 residues ) polypeptides; proteins,
thereof) -encoding nucleic acids and the selected amino acid such as serum albumin , gelatin, or immunoglobulins; hydro
position changes can be accomplished by a variety of philic polymers such as polyvinylpyrrolidone; amino acids
suitable methods including, for example, recombinant and such as glycine, glutamine , asparagine, histidine, arginine,
chemical synthesis. or lysine ; monosaccharides , disaccharides , and other carbo
Provided herein are methods of expressing a CR3022- 50 hydrates including glucose , mannose, or dextrins; chelating
derived antibody or antigen -binding fragment (e.g. , an anti- agents such as EDTA ; sugars such as sucrose , mannitol,
body or antigen -binding fragment) that can selectively bind trehalose or sorbitol; salt -forming counter - ions such as
to SARS - Cov - 2 in a subject comprising administering to the sodium ; metal complexes ( e.g. , Zn- protein complexes ); and /
subject a composition comprising a polynucleotide ( e.g. , or non - ionic surfactants such as TWEENTM , PLURON
mRNA ) encoding the antibody or antigen -binding fragment. 55 ICSTM or polyethylene glycol (PEG) .
In some cases , administering the polynucleotide to the The compositions to be used for in vivo administration
subject can comprise enteral, gastroenteral, oral , transder- may be sterilized . This may be accomplished by, for
mal , epicutaneous , intradermal, subcutaneous , nasal admin- example , filtration through sterile filtration membranes, or
istration , intravenous, intraperitoneal, intraarterial, intra- any other art -recognized method for sterilization . Antibody
muscular, intraosseous infusion, transmucosal, insufflation , 60 compositions are generally placed into a container having a
or sublingual administration . In some cases , a polynucle- sterile access port, for example, an intravenous solution bag
otide can be administered via more than one route . or vial having a stopper pierceable by a hypodermic injec
Antibodies or antigen -binding fragments can be synthe- tion needle . Other methods for sterilization and filtration are
sized in the subject based at least in part on the polynucle- known in the art and are contemplated herein .
otide encoding the antibody or antigen -binding fragment. 65 In one embodiment of the present invention , the compo
For example, a polynucleotide can enter a cell of the subject, sitions are formulated to be free of pyrogens such that they
and the antibody or antigen -binding fragment can be syn- are acceptable for administration to a subject.
US 11,034,762 B1
73 74
The compositions according to the present invention may The present disclosure provides methods of prophylacti
be in unit dosage forms such as solutions or suspensions, cally treating (e.g. , preventing ) a subject having one or more
tablets , pills , capsules , powders, granules, or suppositories, co -morbidities or having an increased or high risk of infec
etc. , for intravenous, oral , parenteral or rectal administra- 5
tion .
tion, or administration by inhalation or insufflation . A “ subject ” as described herein , includes, but is not
The phrase " pharmaceutically acceptable” refers to limited to , a human , a rodent, a primate, etc. In some
molecular entities and compositions that are physiologically instances, the subject to be treated exhibits one or more
tolerable and do not typically produce an allergic or similar underlying conditions that exacerbate the infection such as ,
untoward reaction , such as gastric upset, dizziness and the 10
for example, high blood pressure, heart problems, diabetes,
like , when administered to a subject. immunocompromised, lung disease , cancer, clots , thrombo
In some instances, a CR3022 - derived antibody or antigen- sis , or a combination thereof.
binding fragment can be bound to one or more carriers. A subject can be administered a CR3022 -derived antibody
Carriers can be active and / or inert. Examples of well -known or antigen -binding fragment herein in an amount that
carriers include polypropylene, polystyrene, polyethylene, is achieves at least partially a partial or complete reduction of
dextran, nylon, amylases, glass , natural and modified cellu- one or more symptoms. Reduction can be , for example, a
loses , polyacrylamides, agaroses and magnetite . The nature decrease of one or more symptoms by about 5 % or more
of the carrier can be either soluble or insoluble for purposes compared to prior to treatment. For the administration to
of the invention . Those skilled in the art will know of other human patients, the compositions can be formulated by
suitable carriers for binding antibodies, or will be able to 20 methodology known by one in the art. The amount of an
ascertain such , using routine experimentation . antibody necessary to bring about therapeutic treatment of
One embodiment contemplates the use of the antibodies COVID19 is not fixed per se . The amount of antibody
and antigen -binding fragments to manufacture a medica- administered may vary with the extensiveness of the disease ,
ment for treating a condition, disease or disorder described and size of the human suffering from COVID19 . Treatment,
herein . Medicaments can be formulated based on the physi- 25 in one instance, lowers infection rates in a population of
cal characteristics of the subject needing treatment, and can subjects. Treatment may also result in a shortened recovery
be formulated in single or multiple formulations based on time , in fewer symptoms, or in less severe symptoms, or a
the stage of the condition, disease or disorder. Medicaments combination thereof compared to an untreated subject who
can be packaged in a suitable package with appropriate has COVID19 .
labels for the distribution to hospitals and clinics wherein the 30 The CR3022 -derived antibodies and antigen -binding
label is for the indication of treating a subject having a fragments herein may be used to treat a COVID19 infection
disease described herein . Medicaments can be packaged as (an infection caused by SARS - Cov - 2 ) in a subject in need
a single or multiple units. Instructions for the dosage and ther of , thereby reducing one or more symptoms of the
administration of the compositions can be included with the infection . The one or more symptoms to be treated include ,
packages as described below. The invention is further 35 but are not limited to , a fever of over 100.4 ° F. , fatigue,
directed to medicaments of an antibody or antigen -binding coughing ( e.g. , a dry cough ), aches , pains , runny nose , stuffy
fragment and a pharmaceutically acceptable carrier. nose , sore throat, diarrhea, headaches, shortness of breath , or
Kits any combination thereof. In some instances, treatment of a
Provided herein are kits that comprise one or more subject includes a reduction by at least 5 % in 1 symptom , 2
anti -SARS - Cov - 2 antibodies or antigen -binding fragments 40 symptoms, 3 symptoms, 4 symptoms, 5 symptoms, 6 symp
herein . Provided herein is a container means comprising one toms , 7 symptoms, 8 symptoms, 9 symptoms, 10 symptoms,
or more anti- SARS - Cov - 2 antibodies or antigen -binding or 11 symptoms. During at least a portion of this time period
fragments herein . The container means may be any suitable the antibody or antigen -binding fragment can protect the
container which may house a liquid or lyophilized compo- subject from infection by SARS - Cov - 2 . Protecting can
sition including, but not limited to , a vial , a syringe, a bottle, 45 comprise for example reducing an infection rate of SARS
an intravenous ( IV) bag , an ampoule, or any other suitable Cov - 2 or reducing or preventing reproduction of SARS
container. A syringe may be able to hold any volume of Cov - 2 . Treatment can comprise for example reducing symp
liquid suitable for injection into a subject including, but not toms of COVID - 19 , reducing a death rate , or reducing or
limited to , 0.5 cc , 1 cc , 2 cc , 5 cc , 10 cc or more . In some preventing reproduction of SARS - Cov - 2.
embodiments , the antibody or antigen -binding fragment is 50 “ Administering” is referred to herein as providing one or
lyophilized, and the kit comprises one or more suitable more compositions to a patient in a manner that results in the
buffers for reconstitution prior to injection . composition being inside the patient's body. Such an admin
The kit may comprise one or more instruction sheets istration can be by any route including, without limitation ,
describing the use of the one or more antibodies or antigen- locally, regionally, or systemically, by subcutaneous, intra
binding fragments . The kit may include one or more labels 55 dermal, intravenous, intra -arterial, intraperitoneal, or intra
describing the contents and use of the one or more antibod- muscular administration ( e.g. , injection ). In one instance ,
ies . administration is via intradermal injection. In another
Methods of Treatment instance, administration is via subcutaneous injection. In one
The present disclosure provides methods of preventing or embodiment, a subject is administered one of the antibodies
treating a subject infected with SARS - Cov - 2 ( COVID ) or 60 or antigen -binding fragments herein one or more times . In
suspected of being infected with SARS - Cov - 2 in a subject in another embodiment, a subject is administered two of the
need thereof, comprising administering to the subject a antibodies or antigen -binding fragments herein one or more
CR3022 -derived antibody or antigen -binding fragment times . In another embodiment, a subject is administered
herein . In one instance, the subject to be treated is symp- three of the antibodies or antigen -binding fragments herein
tomatic prior to administration of the antibody. In another 65 one or more times . In another embodiment, a subject is
instance, the subject to be treated is asymptomatic prior to administered four of the antibodies or antigen -binding frag
administration of the antibody. ments herein one or more times . A CR3022 -derived anti
US 11,034,762 B1
75 76
body or antigen -binding fragment herein to be administered sion electron microscopy, tunable resistive pulse sensing ,
to the subject exhibits a nM or a PM binding affinity, e.g. , flow cytometry, qPCR , ELISA , or another acceptable
between 170 PM and 50 nM . method . An assay can be performed on a whole sample or a
The present disclosure provides methods of reducing the fraction of a sample, or SARS - Cov - 2 can be isolated from
death rate of infection by SARS - Cov - 2 by administering to 5 the sample prior to performing an assay. In some cases , the
a subject in need thereof a composition comprising one or reproduction of SARS - CoV - 2 can be slowed compared with
more polynucleotides ( e.g. , mRNA ) encoding a CR3022- subjects not administered a composition comprising an
derived antibody or antigen -binding fragment that can spe- mRNA molecule herein by at least 5 % , at least 10 % , at least
cifically bind to SARS - Cov - 2 . Reduction in death rate can 20% , at least 30% , at least 40 % , at least 50 % , at least 60 % ,
be determined for example by comparing the rate of death of 10 at least 70 % , at least 80 % , or at least 90 % . In some cases ,
subjects infected by SARS - Cov - 2 between a cohort that the reproduction of SARS - Cov - 2 can be slowed compared
receives the composition and a cohort that does not receive with subjects not administered a composition comprising an
the composition. Death rate can be determined for example mRNA molecule herein by about 10 % , about 20 % , about
by determining the number of infected subjects of a cohort 30% , about 40 % , about 50 % , about 60% , about 70 % , about
wherein infection by SARS - Cov - 2 results in death . In some 15 80% , about 90% , or a range between any two foregoing
cases , the death rate can be reduced compared with subjects values .
not administered a composition comprising an mRNA mol- The present disclosure also provides methods of activat
ecule herein by at least 5 % , at least 10 % , at least 20 % , at ing T cells in a subject comprising administering to a subject
least 30% , at least 40 % , at least 50% , at least 60 % , at least a composition comprising one or more polynucleotides ( e.g. ,
70 % , at least 80% , or at least 90 % . In some cases , the death 20 mRNA ) encoding a CR3022 - derived antibody or antigen
rate can be reduced compared with subjects not administered binding fragment that can specifically bind to SARS - CoV - 2 .
a composition comprising an mRNA molecule herein by In some cases , T cell activation can be elevated compared
about 10 % , about 20 % , about 30% , about 40 % , about 50 % , with subjects not administered the composition. Activation
about 60 % , about 70 % , about 80% , about 90 % , or a range of T cells can be determined for example by comparing the
between any two foregoing values . 25 activation of T cells in subjects infected SARS - Cov - 2
The present disclosure also provides methods for reducing between a cohort that receives the composition and a cohort
the infection rate of SARS - Cov - 2 by administering to a that does not receive the composition . In one aspect , the
subject non infected with SARS - Cov - 2 a composition com- activation of T cells in the subject can be directed to an
prising one or more polynucleotides ( e.g. , mRNA ) encoding anti - SARS - Cov - 2 response in the subject. Activated T cells
a CR3022 - derived antibody or antigen -binding fragment 30 in the subject can reduce severity of COVID - 19 symptoms,
that can specifically bind to SARS - CoV - 2 . Reduction in death rate, time to recovery, or viral reproduction in the
infection rate can be determined for example by comparing subject. Activation of T cells can be measured for example
the rate of infection of subjects exposed to SARS - Cov - 2 by measuring T cell proliferation, measuring cytokine pro
between a cohort that receives the composition and a cohort duction (e.g. , via enzyme - linked immunosorbent assays or
that does not receive the composition. Infection of a subject 35 enzyme -linked immunospot assays) , or detection of cell
can be determined by analyzing a sample from the subject surface markers associated with T cell activation ( e.g. ,
for the presence or absence of SARS - Cov - 2 after suspected CD69 , CD40L , CD137 , CD25 , CD71 , CD26 , CD27 , CD28 ,
or confirmed exposure to SARS - Cov - 2 , or after an elapsed CD30 , CD154 , or CD134 ) for example by flow cytometry .
time in which exposure to SARS - CoV - 2 is likely. In some In some cases , the T cell activation can be elevated com
cases , the infection rate can be reduced compared with 40 pared with subjects not administered a composition com
subjects not administered a composition comprising an prising an mRNA molecule herein by at least 5 % , at least
mRNA molecule herein by at least 5 % , at least 10 % , at least 10% , at least 20% , at least 30 % , at least 40 % , at least 50 % ,
20 % , at least 30 % , at least 40 % , at least 50 % , at least 60 % , at least 60 % , at least 70 % , at least 80% , or at least 90 % . In
at least 70 % , at least 80% , or at least 90% . In some cases , some cases , the T cell activation can be elevated compared
the infection rate can be reduced compared with subjects not 45 with subjects not administered a composition comprising an
administered a composition comprising an mRNA molecule mRNA molecule herein by about 10 % , about 20 % , about
herein by about 10 % , about 20 % , about 30% , about 40 % , 30% , about 40 % , about 50 % , about 60% , about 70 % , about
about 50 % , about 60 % , about 70% , about 80 % , about 90 % , 80% , about 90% , or a range between any two foregoing
or a range between any two foregoing values . values .
The present disclosure also provides methods for slowing 50 The present disclosure also provides methods for inducing
or preventing reproduction of SARS - Cov - 2 in a subject by T cell proliferation in a subject comprising administering to
administering to a subject infected with SARS - Cov - 2 a a subject a composition comprising one or more polynucle
composition comprising one or more polynucleotides ( e.g. , otides ( e.g. , mRNA ) encoding a CR3022 -derived antibody
mRNA ) encoding a CR3022 -derived antibody or antigen- or antigen -binding fragment that can specifically bind to
binding fragment that can specifically bind to SARS - Cov - 2 . 55 SARS -CoV - 2 . In some cases , T cell proliferation can be
Slowing or preventing reproduction of SARS - Cov - 2 can be elevated compared with subjects not administered the com
determined for example by comparing the rate of reproduc- position . In some cases , T cell proliferation can be directed
tion of the virus in subjects infected SARS - Cov - 2 between to an anti -SARS - Cov - 2 response in the subject. In some
a cohort that receives the composition and a cohort that does cases , T cell proliferation in the subject can reduce or
not receive the composition . Replication of SARS - Cov - 2 60 decrease severity of COVID - 19 symptoms, death rate , time
can be determine for example by determining ( directly or to recovery, or viral reproduction in the subject. cell
indirectly ) the amount of SARS - Cov - 2 in a sample acquired proliferation can be determined for example by cell count
from the subject at different time points. Assays that can be ing , viability staining , optical density assays, or detection of
used to determine amount of SARS - Cov - 2 in a sample can cell- surface markers associated with T cell activation ( e.g. ,
include a plaque assay, a focus forming assay, an endpoint 65 CD69 , CD40L , CD137 , CD25 , CD71 , CD26 , CD27 , CD28 ,
dilution assay , a protein assay ( e.g. , a bicinchoninic acid CD30 , CD154 , or CD134 ) for example by flow cytometry .
assay or a single radial immunodiffusion assay ) , transmis- In some cases , T cell proliferation can be elevated compared
US 11,034,762 B1
77 78
with subjects not administered a composition comprising an A physician or veterinarian can readily determine and
mRNA molecule herein by at least 5 % , at least 10 % , at least prescribe the effective amount (ED50 ) of the antibody
20 % , at least 30 % , at least 40 % , at least 50 % , at least 60 % , required. For example, the physician or veterinarian could
at least 70 % , at least 80% , or at least 90% . In some cases , start doses of the antibody employed in the composition at
T cell proliferation can be elevated compared with subjects 5 levels lower than that required in order to achieve the desired
not administered a composition comprising an mRNA mol therapeutic effect and gradually increase the dosage until the
ecule herein by about 10 % , about 20 % , about 30 % , about desired effect is achieved . Alternatively, a dose can remain
constant.
40 % , about 50 % , about 60 % , about 70 % , about 80% , about
90 % , or a range between any two foregoing values . The antibody can be administered to a patient by any
The present disclosure also provides methods for inducing 10 convenient route such as described above. Regardless of the
a memory T cell response in a subject comprising admin ent invention , which canselected
route of administration , the antibodies of the pres
be used in a suitable hydrated form ,
istering to a subject a composition comprising one or more and / or the compositions, are formulated into acceptable
polynucleotides ( e.g. , mRNA ) encoding a CR3022 - derived dosage forms.
antibody or antigen -binding fragment that can specifically 15 Toxicity and therapeutic efficacy of compounds can be
bind to SARS - CoV - 2 . In some cases , a memory T cell determined by standard procedures in cell cultures or experi
response can be elevated compared with subjects not admin mental animals, e.g. , for determining the LD50 ( the dose
istered the composition . In some cases , a memory T cell lethal to 50 % of the population) and the ED50 (the dose
response in the subject can reduce or decrease i severity of therapeutically effective in 50 % of the population) . The dose
COVID - 19 symptoms, death rate, time to recovery, or viral 20 ratio between toxic and therapeutic effects is the therapeutic
reproduction in the subject. A memory T cell response can index and it can be expressed as the ratio LD50/ED50 .While
be directed to an anti - SARS - Cov - 2 response in the subject.
compounds that exhibit toxic side effects may be used , care
A memory T cell response can be determined for example by should be taken to design a delivery system that targets such
measuring T cell markers associated with memory T cells , compounds to the site of affected tissue in order to minimize
measuring local cytokine production related to memory 25 potential damage to healthy cells and, thereby, reduce side
immune response , or detecting memory T cell -surface mark- effects .
ers for example by flow cytometry. In some cases , the Data obtained from cell culture assays and / or animal
memory T cell response can be elevated compared with studies can be used in formulating a range of dosage for use
subjects not administered a composition comprising an in humans. The dosage of such compounds lies preferably
mRNA molecule herein by at least 5 % , at least 10 % , at least 30 within a range of circulating concentrations that include the
20 % , at least 30 % , at least 40 % , at least 50 % , at least 60 % , ED50 with little or no toxicity. The dosage may vary within
at least 70 % , at least 80% , or at least 90% . In some cases , this range depending upon the dosage form employed and
the memory T cell response can be elevated compared with the route of administration utilized . For any compound, a
subjects not administered a composition comprising an therapeutically effective dose can be estimated initially from
mRNA molecule herein by about 10 % , about 20 % , about 35 cell culture assays . A dose can be formulated in animal
30 % , about 40 % , about 50 % , about 60 % , about 70% , about models to achieve a circulating plasma concentration
80 % , about 90% , or a range between any two foregoing arrange that includes the IC50 (i.e. , the concentration of the
values . test compound which achieves a half -maximal inhibition ) as
A polynucleotide (e.g. , mRNA ) herein can be adminis- determined in cell culture . Levels in plasma can be mea
tered in any route available, including , but not limited to , 40 sured , for example , by high performance liquid chromatog
enteral, gastroenteral, oral, transdermal, epicutaneous, intra- raphy. Such information can be used to more accurately
dermal, subcutaneous, nasal administration , intravenous , determine useful doses in humans.
intraperitoneal, intraarterial, intramuscular, intraosseous It will be understood that administration of one or more of
infusion , transmucosal, insufflation, or sublingual adminis- the antibodies or antigen -binding fragments herein can be
tration . In some cases , mRNA of the present disclosure can 45 supplemented by one or more additional therapies or drugs
be administered parenterally ( e.g. , includes subcutaneous, such as , for example, respiratory therapy ; one or more blood
intravenous, intraperitoneal, intratumoral, intramuscular, thinners or anti - coagulants; statins , intubation ; hydroxy
intra - articular, intra -synovial, intrasternal, intrathecal, intra- chloroquine; one or more antibiotics (e.g. , doxycycline ,
hepatic, intralesional and injection or infusion techniques ), Azithromycin , etc.); one or more decongestants ( e.g. , Muci
intraventricularly, orally , by inhalation spray, topically, rec- 50 nex , Sudafed, etc. ) ; one or more anti- histamines and / or
tally, nasally, buccally, or via an implanted reservoir. glucocorticoids (e.g. , Zyrtec , Claritin, Allegra , fluticasone
Actual dosage levels of antibody can be varied so as to luroate , etc. ) ; one or more pain relievers ( e.g. , acetomino
obtain an amount of the active ingredient that is effective to phen ); one or more zinc -containing medications ( e.g. ,
achieve the desired therapeutic response without being toxic Zycam , etc. ) ; Azithromycin, hydroquinolone, or a combina
to the patient. The selected dosage level will depend upon a 55 tion thereof; one or more integrase inhibitors (e.g. , Bictegra
variety of factors including the activity of the particular vir, dolutegravir ( Tivicay ), elvitegravir, raltegravir, or a
antibody employed , the route of administration , the time of combination thereof); one or more nucleoside /nucleotide
administration, the rate of excretion of the particular anti- reverse transcriptase inhibitors (NRTIs ; e.g. , abacavir (Zia
body being employed, the duration of the treatment, other gen ), emtricitabine ( Emtriva ), lamivudine (Epivir ), tenofo
drugs, compounds and / or materials used in combination 60 vir alafenamide fumarate ( Vemlidy ), tenofovir disoproxil
with the particular composition employed , the age , sex , fumarate ( Viread ), zidovudine (Retrovir ), didanosine (Vi
weight, condition , general health and prior medical history dex , Videx EC ) , stavudine (Zerit ), or a combination thereof);
of the patient being treated , and like factors well known in a combination of NRTIs (e.g. , ( i ) abacavir, lamivudine, and
the medical arts . zidovudine ( Trizivir ), (ii ) abacavir and lamivudine ( Epzi
The antibodies and antigen -binding fragments herein can 65 com) , (iii ) emtricitabine and tenofovir alafenamide fumarate
be administered to a subject in various dosing amounts and (Descovy) , (iv) emtricitabine and tenofovir disoproxil
over various time frames. fumarate ( Truvada ), (v) lamivudine and tenofovir disoproxil
US 11,034,762 B1
79 80
fumarate (Cimduo, Temixys ), (vi ) lamivudine and zidovu- such as , for example, Edoxaban (SAVAYSA® ), Fonda
dine (Combivir ), etc. ) ; a combination of Descovy and Tru- parinux ( ARIXTRA® ); and combinations thereof.
vada ; one or more non -nucleoside reverse transcriptase Diagnostics
inhibitors (NNRTIs; e.g. , doravirine ( Pifeltro ), efavirenz Provided herein are methods of diagnosing a subject
( Sustiva ) , etravirine ( Intelence ), nevirapine ( Viramune, 5 suspected of being infected with SARS - Cov - 2 by contacting
Viramune XR) , rilpivirine ( Edurant), delavirdine (Rescrip- a sample obtained from the subject with one or more
tor) , or a combination thereof); one or more Cytochrome antibodies or antigen -binding fragments herein .
P4503A (CYP3A) inhibitors ( e.g. , cobicistat ( Tybost), rito A " sample” from a subject to be tested utilizing one or
navir (Norvir ), etc. ); one or more protease inhibitors (PIs ; more of the assays described herein includes , but is not
e.g. , atazanavir (Reyataz ) , darunavir (Prezista ), fosampre 10 In
limited to , a nasal swab , a tissue sample , saliva , blood , etc.
some instances , the sample is treated prior to use in a
navir ( Lexiva ), lopinavir, ritonavir (Norvir ), tipranavir (Ap diagnostic assay. For example , a nasal swab may be flushed
tivus ) , etc.); one or PIs in combination with cobicistat , with phosphate buffered saline ( PBS ) ; a fluid sample may be
ritonavir, Lopinavir, Tipranavir, Atazanavir, fosamprenavir, centrifuged to concentrate the sample components; blood
indinavir ( Crixivan ), nelfinavir (Viracept), saquinavir ( Invi- 15 may be treated with heparin to prevent coagulation, etc.
rase) , or a combination thereof; Atazanavir; fosamprenavir; Samples may be tested in any suitable assay including , but
a combination of Atazanavir, darunavir and cobicistat ; one not limited to , an enzyme linked immunosorbent assay
or more fusion inhibitors ( e.g. , enfuvirtide ( Fuzeon) ; one or (ELISA ) , an immunospot assay, a lateral flow assay , immu
more post - attachment inhibitors (e.g. , ibalizumab -uiyk nohistochemistry (IHC ) , western blot , flow cytometry, etc.
( Trogarzo ) ); one or more Chemokine coreceptor antagonists 20 The sample is contacted with a CR3022 - derived antibody or
( CCR5 antagonists; e.g. , maraviroc ( Selzentry ) ); and one or antigen - binding fragment herein , and when the presence of
more viral entry inhibitors ( e.g. , enfuvirtide ( Fuzeon) , ibali- the antibody bound to a SARS - CoV - 2 is detected , the
zumab -uiyk ( Trogarzo ), maraviroc ( Selzentry ), etc. ) ; or a subject is diagnosed as being infected with SARS - Cov - 2
combination thereof. and / or having a COVID - 19 infection .
Non - limiting examples of combinations include one or 25 In one instance, a sample obtained from a subject is
more of the antibodies or antigen -binding fragments herein contacted with a CR3022 - derived antibody or antigen -bind
to be administered with one or more of the following: ( 1 ) ing fragment herein that selectively binds to SARS - Cov - 2
Azithromycin, hydroquinolone, or a combination thereof, and the presence or absence of the antibody or antigen
( 2 ) darunavir and cobicistat ( Prezcobix ), (3 ) lopinavir and binding fragment is determined . The subject is diagnosed as
ritonavir (Kaletra ), (4 ) abacavir, lamivudine, and zidovudine 30 being infected with SARS - Cov - 2 when the presence of the
( Trizivir ), ( 5 ) abacavir and lamivudine (Epzicom) , ( 6 ) antibody or antigen -binding fragment is detected .
emtricitabine and tenofovir alafenamide fumarate (Des
covy ) , ( 7 ) emtricitabine and tenofovir disoproxil fumarate Exemplary Definitions
( Truvada ), ( 8 ) lamivudine and tenofovir disoproxil fumarate
( Cimduo , Temixys ), ( 9 ) lamivudine and zidovudine (Com- 35 The term “ about ” as used herein , generally refers to a
bivir) , ( 10) , atazanavir and cobicistat ( Evotaz ) , ( 11 ) dora- range that is 2 % , 5 % , 10 % , 15 % greater than or less than ( + )
virine , lamivudine, and tenofovir disoproxil fumarate (Del- a stated numerical value within the context of the particular
strigo ), ( 12 ) efavirenz , lamivudine, and tenofovir disoproxil usage . For example, “ about 10 " would include a range from
fumarate (Symfi), ( 13 ) efavirenz, lamivudine , and tenofovir 8.5 to 11.5 . As used herein, the terms “ about” and “ approxi
disoproxil fumarate ( Symfi Lo ) , ( 14 ) efavirenz, emtricit- 40 mately , ” when used to modify a numeric value or numeric
abine , and tenofovir disoproxil fumarate ( Atripla ), ( 15 ) range, indicate that deviations of up to about 0.2 % , about
emtricitabine , rilpivirine, and tenofovir alafenamide 0.5 % , about 1 % , about 2 % , about 5 % , about 7.5 % , or about
fumarate (Odefsey ), ( 16 ) emtricitabine, rilpivirine, and teno- 10% (or any integer between about 1 % and 10 % ) above or
fovir disoproxil fumarate (Complera ), ( 17 ) elvitegravir , below the value or range remain within the intended mean
cobicistat , emtricitabine, and tenofovir disoproxil fumarate 45 ing of the recited value or range.
(Stribild ), ( 18 ) elvitegravir, cobicistat , emtricitabine, and As used in this specification and the appended claims , the
tenofovir alafenamide fumarate (Genvoya ), ( 19 ) abacavir, singular forms “ a , ” “ an , ” and “ the ” include plural references
dolutegravir, and lamivudine ( Triumeq ), ( 20 ) bictegravir, unless the context clearly dictates otherwise . Thus, for
emtricitabine, and tenofovir alafenamide fumarate (Bik- example, references to “ a method ” include one or more
tarvy ), (21 ) dolutegravir and lamivudine ( Dovato ), (22 ) 50 methods, and / or steps of the type described herein and / or
dolutegravir and rilpivirine ( Juluca ), ( 23 ) darunavir, cobi- which will become apparent to those persons skilled in the
cistat , emtricitabine, and tenofovir alafenamide fumarate art upon reading this disclosure .
( Symtuza ). Polypeptides (e.g. , proteins ) and polynucleotides ( e.g. ,
Non -limiting examples of combinations include one or nucleic acids ) described herein can be isolated and / or puri
more of the antibodies or antigen -binding fragments herein 55 homogeneous
to be administered with one or more blood thinners . Blood
fied from their form
natural. Methods
environment in substantially pure or
of purifying proteins and
thinners to be co - administered include, but are not limited nucleic acids are contemplated for use herein . “ Isolated ”
to , anti- platelet, and anti -coagulation medications . Anti- ( used interchangeably with " substantially pure " ) when
platelet medications are those such as , for example, aspirin , applied to polypeptides means a polypeptide or a portion
clopidogrel (PLAVIX® ); prasugrel ( EFFIENT® ); ticlopi- 60 thereof which , by virtue of its origin or manipulation : (i ) is
dine ( TICLID® ) ; ticagrelor (BRILINTA? ); and combina- present in a host cell as the expression product of a portion
tions thereof. Anticoagulants include, but are not limited to , of an expression vector ; (ii ) is linked to a protein or other
Warfarin (COUMADIN® , JANTOVEN® ); Heparin ( e.g. , chemical moiety other than that to which it is linked in
FRAGMIN® , INNOHEP® , and LOVENOX® ); Eabigatran nature; or (iii ) does not occur in nature, for example, a
(PRADAXA? ); Epixaban ( ELIQUIS? ); Non - vitamin K 65 protein that is chemically manipulated by appending, or
antagonist oral anticoagulants (NOACs) such as , for adding at least one hydrophobic moiety to the protein so that
example , Rivaroxaban (XARELTO? ); Factor Xa inhibitors the protein is in a form not found in nature. By “ isolated ” it
US 11,034,762 B1
81 82
is further meant a protein that is : (i ) synthesized chemically
or protein having a binding domain which can be , or can be
or ( ii ) expressed in a host cell and purified away from homologous to , an antigen binding domain . In one instance ,
associated and contaminating proteins . The term generally an antibody or an antigen - binding fragment can be produced
means a polypeptide that has been separated from other in an appropriate in vivo animal model and then isolated
proteins and nucleic acids with which it naturally occurs . 5 and / or purified . It would be understood that the antibodies or
The polypeptide may also be separated from substances such antigen -binding fragments herein can be modified as
as antibodies or gel matrices ( polyacrylamide) which are described below or as known in the art.
used to purify it. As used herein , substantially pure, iso- Antibodies useful in the present invention encompass, but
lated ,” or purified refers to material which is at least 50% are not limited to , monoclonal antibodies, polyclonal anti
pure (e.g. , free from contaminants ), at least 60 % pure , at 10 bodies , antibody fragments ( e.g. , Fab , Fab ' , F (ab ' ) 2 , Fv, Fc ,
least 70% pure, at least 80 % pure, at least 85 % pure , at least
90 % pure, at least 91 % pure , at least 92 % pure , at least 93 % scFv, scFv - Fc , Fab - Fc , scFv -zipper, scFab , crossFab , cam
pure , at least 94 % pure , at least 95 % pure , at least 96 % pure , elids (VHH ) , etc. ) , chimeric antibodies, bispecific antibod
at least 97 % pure , at least 98 % pure, or at least 99 % pure . ies , multispecific antibodies, heteroconjugate antibodies,
Polypeptides can be isolated and purified from culture 15 single chain ( ScFv ) , mutants thereof, fusion proteins com
supernatant or ascites by saturated ammonium sulfate pre prising an antibody portion ( e.g. , a domain antibody),
cipitation, an euglobulin precipitation method , a caproic acid humanized antibodies, human antibodies, and any other
method, a caprylic acid method, ion exchange chromatog modified configuration of the immunoglobulin molecule that
raphy ( DEAE or DE52 ) , or affinity chromatography using comprises an antigen recognition site of the required speci
anti -Ig column or a protein A , protein G , or protein L column 20 ficity, including glycosylation variants of antibodies, amino
such as described in more detail below . In one aspect , acid sequence variants of antibodies, and covalently modi
reference to a binding agent, an antibody or an antigen- fied antibodies.
binding fragment also refers to an " isolated binding agent,” Depending on the amino acid sequence of the constant
an “ isolated antibody , " or an “ isolated antigen -binding frag- domain of its heavy chains , immunoglobulins ( Igs ) can be
ment . ” In another aspect , reference to a binding agent, an 25 assigned to different classes . There are five major classes of
antibody, or an antigen -binding fragment also refers to a immunoglobulins: IgA , IgD , IgE , IgG , and IgM , and several
“ purified binding agent,” a “ purified antibody , " or a “ puri- of these may be further divided into subclasses ( isotypes ) ,
fied antigen - binding fragment." e.g. , IgG1 , IgG2 , IgG3 , IgG4 , IgA1 and IgA2 . An Ig or
Antibodies can be “ isolated ” and “ purified ” from the portion thereof can , in some cases , be a human Ig . In some
culture supernatant or ascites mentioned above by saturated 30 instances, a CH3 domain can be from an immunoglobulin. In
ammonium sulfate precipitation , euglobulin precipitation some cases , a chain or a part of an antibody or antigen
method, caproic acid method, caprylic acid method , ion binding fragment, a modified antibody or antigen -binding
exchange chromatography ( DEAE or DE52 ) , or affinity fragment, or a binding agent can be from an Ig . In such
chromatography using anti - Ig column or a protein A , G or L cases , an Ig can be IgG , an IgA , an IgD , an IgE , or an IgM .
column using art -recognized conventional methods. 35 In cases where the Ig is an IgG , it can be a subtype of IgG ,
As used herein , the term “ antibody” refers to an immu- wherein subtypes of IgG can include IgG1 , an IgG2a , an
noglobulin ( Ig ) , polypeptide, or a protein having a binding IgG2b , an IgG3 , and an IgG4 . In some cases , a Ch3 domain
domain which is , or is homologous to , an antigen -binding can be from an immunoglobulin selected from the group
domain . The term further includes “ antigen -binding frag- consisting of an IgG , an IgA , an IgD , an IgE , and an IgM .
ments ” and other interchangeable terms for similar binding 40 The “ light chains” of antibodies ( immunoglobulins) from
fragments as described below. Native antibodies and native any vertebrate species can be assigned to one of two clearly
immunoglobulins ( Igs ) are generally heterotetrameric gly- distinct types, called kappa or ( “ K ” or “ K ” ) and lambda or
coproteins of about 150,000 Daltons , composed of two ( " 2 " ), based on the amino acid sequences of their constant
identical light chains and two identical heavy chains . Each domains .
light chain is typically linked to a heavy chain by one 45 As used herein , a “ monoclonal antibody ” refers to an
covalent disulfide bond , while the number of disulfide antibody obtained from a population of substantially homo
linkages varies among the heavy chains of different immu geneous antibodies, e.g. , the individual antibodies compris
noglobulin isotypes. Each heavy and light chain also has ing the population are identical except for possible naturally
regularly spaced intrachain disulfide bridges . Each heavy occurring mutations that may be present in minor amounts.
chain has at one end a variable domain (“ V + ) followed by 50 In contrast to polyclonal antibody preparations, which typi
a number of constant domains ( “ Ch ” ) . Each light chain has cally include different antibodies directed against different
a variable domain at one end (“ V ” ) and a constant domain determinants ( epitopes ), each monoclonal antibody is
( “ C ” ) at its other end; the constant domain of the light chain directed against a single determinant on the antigen
is aligned with the first constant domain of the heavy chain , (epitope ) . The modifier “ monoclonal” indicates the charac
and the light-chain variable domain is aligned with the 55 ter of the antibody as being obtained from a substantially
variable domain of the heavy chain . Particular amino acid homogeneous population of antibodies, and is not to be
residues are believed to form an interface between the light- construed as requiring production of the antibody by any
and heavy -chain variable domains. In some instances , an particular method . For example, the monoclonal antibodies
antibody or an antigen -binding fragment comprises an iso- to be used in accordance with the present invention may be
lated antibody or antigen -binding fragment, a purified anti- 60 made by the hybridoma method first described by Kohler
body or antigen -binding fragment, a recombinant antibody and Milstein, 1975 , Nature , 256 : 495 , or may be made by
or antigen - binding fragment, a modified antibody or anti- recombinant DNA methods such as described in U.S. Pat .
gen - binding fragment, or a synthetic antibody or antigen- No. 4,816,567 . The monoclonal antibodies may also be
binding fragment. isolated from phage libraries generated using the techniques
Antibodies and antigen -binding fragments herein can be 65 described in McCafferty et al . , 1990 , Nature, 348 :552-554 ,
partly or wholly synthetically produced. A CR3022 - derived for example. Other methods are known in the art and are
antibody or antigen -binding fragment can be a polypeptide contemplated for use herein .
US 11,034,762 B1
83 84
A “ variable region ” of an antibody refers to the variable usually defined to stretch from an amino acid residue at
region of the antibody light chain or the variable region of position Cys226 , or from Pro230 , to the carboxyl - terminus
the antibody heavy chain , either alone or in combination . thereof. The Fc region of an immunoglobulin generally
The variable regions of the heavy and light chain each comprises two constant domains , CH2 and CH3 .
consist of four framework regions ( FR ) connected by three 5 The terms “ hypervariable region ” and “ CDR ” when used
complementarity determining regions (CDRs ) also known herein , refer to the amino acid residues of an antibody which
as hypervariable regions . The CDRs in each chain are held are responsible for antigen -binding. The CDRs comprise
together in close proximity by the FRs and, with the CDRs amino acid residues from three sequence regions which bind
from the other chain, contribute to the formation of the in a complementary manner to an antigen and are known as
antigen -binding site of antibodies. Amino acid residues of 10 CDR1 , CDR2 , and CDR3 for each of the VH and Vi chains.
CDRs and framework regions are as described herein for the It is understood that the CDRs of different antibodies may
provided sequences. contain insertions, thus the amino acid numbering may
With respect to antibodies, the term “ variable domain ” differ. CDR sequences of the antibodies and antigen -binding
refers to the variable domains of antibodies that are used in fragments thereof have been provided herein below .
the binding and specificity of each particular antibody for its 15 As used herein , “ framework region ” or “ FR ” or “ FW ”
particular antigen . However, the variability is not evenly refers to framework amino acid residues that form a part of
distributed throughout the variable domains of antibodies. the antigen binding pocket or groove. In some embodiments,
Rather, it is concentrated in three segments called hyper- the framework residues form a loop that is a part of the
variable regions (also known as CDRs ) in both the light antigen binding pocket or groove and the amino acids
chain and the heavy chain variable domains . More highly 20 residues in the loop may or may not contact the antigen.
conserved portions of variable domains are called the Framework regions generally comprise the regions between
" framework regions , ” “ FWs, ” or “ FRs. ” The variable the CDRs . Framework regions of the antibodies and antigen
domains of unmodified heavy and light chains each contain binding fragments thereof have been provided herein below .
four FRs ( FR1 , FR2 , FR3, and FR4 ) , largely adopting a The loop amino acids of a FR can be assessed and
B - sheet configuration interspersed with three CDRs which 25 determined by inspection of the three - dimensional structure
form loops connecting and, in some cases , part ofthe B - sheet of an antibody heavy chain and / or antibody light chain . The
structure . The CDRs in each chain are held together in close three -dimensional structure can be analyzed for solvent
proximity by the FRs and, with the CDRs from the other accessible amino acid positions as such positions are likely
chain , contribute to the formation of the antigen -binding site to form a loop and / or provide antigen contact in an antibody
of antibodies . 30 variable domain. Some of the solvent accessible positions
A “ constant region ” of an antibody refers to the constant can tolerate amino acid sequence diversity and others ( e.g. ,
region of the antibody light chain or the constant region of structural positions ) are , generally, less diversified . The
the antibody heavy chain , either alone or in combination . three -dimensional structure of the antibody variable domain
“ Epitope ” refers to that portion of an antigen or other can be derived from a crystal structure or protein modeling .
macromolecule capable of forming a binding interaction 35 In the present disclosure , the following abbreviations in
with the variable region binding pocket of an antibody. Such the parentheses ) are used in accordance with the customs , as
binding interactions can be manifested as an intermolecular necessary : heavy chain (H chain ), light chain ( L chain ),
contact with one or more amino acid residues of one or more heavy chain variable region (VH ), light chain variable
CDRs . Antigen binding can involve, for example, a CDR3 region ( VL ), complementarity determining region (CDR) ,
or a CDR3 pair or, in some cases , interactions of up to all six 40 first complementarity determining region ( CDR1 ) , second
CDRs of the Vh and V? chains . An epitope can be a linear complementarity determining region (CDR2 ) , third comple
peptide sequence (“ continuous ” ) or can be composed of mentarity determining region (CDR3 ) , heavy chain first
noncontiguous amino acid sequences (" conformational ” or complementarity determining region ( VH CDR1 ) , heavy
" discontinuous ” ). An antibody can recognize one or more chain second complementarity determining region ( VH
amino acid sequences; therefore, an epitope can define more 45 CDR2 ) , heavy chain third complementarity determining
than one distinct amino acid sequence . Epitopes recognized region ( VH CDR3 ) , light chain first complementarity deter
by antibodies can be determined by peptide mapping and mining region (VL CDR1 ) , light chain second complemen
sequence analysis techniques well known to one of skill in tarity determining region (VL CDR2 ) , and light chain third
the art . Binding interactions are manifested as intermolecu- complementarity determining region (VL CDR3).
lar contacts between an epitope on an antigen and one or 50 In some instances, an anti - SARS - Cov - 2 antibody is a
more amino acid residues of a CDR . An epitope herein can monoclonal antibody. As used herein , a “ monoclonal anti
refer to an amino acid sequence on a receptor binding body ” refers to an antibody obtained from a population of
domain or a spike domain . substantially homogeneous antibodies , i.e. , the individual
An antibody selectively binds to a target if it binds with antibodies comprising the population are identical except for
greater affinity, avidity, more readily, and / or with greater 55 possible naturally -occurring mutations that may be present
duration than it binds to other substances. For example, a in minor amounts. In contrast to polyclonal antibody prepa
CR3022 - derived antibody or antigen -binding fragment that rations, which typically include different antibodies directed
selectively binds to a SARS - Cov - 2 epitope is a CR3022- against different determinants (epitopes ) , each monoclonal
derived antibody or antigen -binding fragment that binds this antibody is directed against a single determinant on the
epitope with greater affinity, avidity, more readily, and /or 60 antigen (epitope) . The modifier “ monoclonal ” indicates the
with greater duration than it binds to SARS - Cov - 1 or character of the antibody as being obtained from a substan
MERS . tially homogeneous population of antibodies and is not to be
The term “ Fc region ” is used to define a C -terminal region construed as requiring production of the antibody by any
of an immunoglobulin heavy chain . The “ Fc region ” may be particular method, including the Tumbler methods described
a native sequence Fc region or a variant Fc region . Although 65 below .
the boundaries of the Fc region of an immunoglobulin heavy In some instances, an anti - SARS - Cov - 2 antibody or anti
chain might vary, the human IgG heavy chain Fc region is gen -binding fragment is a humanized antibody or a human
US 11,034,762 B1
85 86
ized antigen -binding fragment. As used herein , “ humanized " amino acid residue changes, substitutions, additions, and / or
antibodies refer to forms of non -human ( e.g. , murine) anti- deletions can be introduced to remove the identified T -cell
bodies that are specific chimeric immunoglobulins, immu- epitope . Such changes can be made so as to preserve
noglobulin chains , or fragments thereof that contain minimal antibody structure and function while still removing the
sequence derived from non -human immunoglobulin. For the 5 identified epitope. Exemplary changes can include , but are
most part, humanized antibodies are human immunoglobu- not limited to , conservative amino acid changes.
lins ( recipient antibody ) in which residues from a comple- An anti - SARS - Cov - 2 antibody or antigen -binding frag
mentarity determining region ( CDR ) of the recipient are ment can be a human antibody or human antigen -binding
replaced by residues from a CDR of a non -human species fragment. As used herein , a “ human antibody” means an
( donor antibody ) such as mouse , rat, or rabbit having the 10 antibody having an amino acid sequence corresponding to
desired specificity , affinity, and biological activity. In some that of an antibody produced by a human and / or that has
instances, Fv framework region ( FR) residues of the human been made using any suitable technique for making human
immunoglobulin are replaced by corresponding non - human antibodies . This definition of a human antibody includes
residues . Furthermore, the humanized antibody may com- antibodies comprising at least one human heavy chain
prise residues that are found neither in the recipient antibody 15 polypeptide or at least one human light chain polypeptide .
nor in the imported CDR or framework sequences, but are One such example is an antibody comprising murine light
included to further refine and optimize antibody perfor- chain and human heavy chain polypeptides. In one embodi
mance . In general, a humanized antibody comprises sub- ment, the human antibody is selected from a phage library,
stantially all of at least one , and typically two , variable where that phage library expresses human antibodies
domains , in which all or substantially all of the CDR regions 20 ( Vaughan et al . , 1996 , Nature Biotechnology, 14 : 309-314 ;
correspond to those of a non - human immunoglobulin and all Sheets et al . , 1998 , PNAS USA, 95 : 6157-6162 ; Hoogen
or substantially all of the FR regions are those of a human boom and Winter, 1991 , J. Mol. Biol., 227 : 381 ; Marks et al . ,
immunoglobulin consensus sequence . The humanized anti- 1991 , J. Mol. Biol., 222 : 581 ) . Human antibodies can also be
body optimally also will comprise at least a portion of an made by introducing human immunoglobulin loci into trans
immunoglobulin constant region or domain (Fc ) , typically 25 genic animals, e.g. , mice in which the endogenous immu
that of a human immunoglobulin . Antibodies may have Fc noglobulin genes have been partially or completely inacti
regions modified as described in , for example, WO vated . This approach is described in U.S. Pat. Nos . 5,545 ,
99/58572 . Other forms of humanized antibodies have one or 807 ; 5,545,806 ; 5,569,825 ; 5,625,126 ; 5,633,425 ; and
more CDRs ( one , two, three, four, five, or six ) which are 5,661,016 . Alternatively, the human antibody may be pre
altered with respect to the original antibody, which are also 30 pared by immortalizing human B lymphocytes that produce
termed one or more CDRs " derived from ” one or more an antibody directed against a target antigen ( such B lym
CDRs from the original antibody . phocytes may be recovered from an individual or may have
If needed , an antibody or an antigen -binding fragment been immunized in vitro ). See , e.g. , Cole et al . , Monoclonal
herein can be assessed for immunogenicity and, as needed , Antibodies and Cancer Therapy, Alan R. Liss , p . 77 ( 1985 ) ;
be deimmunized (i.e. , the antibody is made less immunore- 35 Boerner et al . , 1991 , J. Immunol., 147 ( 1 ) : 86-95 ; and U.S.
active by altering one or more T cell epitopes ). As used Pat. No. 5,750,373 .
herein , a “ deimmunized antibody ” means that one or more Any of the anti-SARS -Cov - 2 antibodies or antigen -bind
T cell epitopes in an antibody sequence have been modified ing fragments herein can be bispecific . Bispecific antibodies
such that a T cell response after administration of the are antibodies that have binding specificities for at least two
antibody to a subject is reduced compared to an antibody 40 different antigens or different affinities for the same antigen.
that has not been deimmunized . Analysis of immunogenicity Bispecific antibodies can be prepared using the antibodies or
and T -cell epitopes present in the antibodies and antigen- antigen -binding fragments disclosed herein . Methods for
binding fragments herein can be carried out via the use of making bispecific antibodies are described ( see , e.g. , Suresh
software and specific databases. Exemplary software and et al . , 1986 , Methods in Enzymology 121 : 210 ) . Traditionally,
databases include iTopeTM developed by Antitope of Cam- 45 the recombinant production of bispecific antibodies was
bridge, England. iTopeTM, is an in silico technology for based on the co -expression of two immunoglobulin heavy
analysis of peptide binding to human MEW class II alleles . chain - light chain pairs , with the two heavy chains having
The iTopeTM software predicts peptide binding to human different specificities ( Millstein and Cuello , 1983 , Nature,
MEW class II alleles and thereby provides an initial screen 305 , 537-539 ) . Bispecific antibodies can be composed of a
for the location of such “ potential T cell epitopes.” iTopeTM 50 hybrid immunoglobulin heavy chain with a first binding
software predicts favorable interactions between amino acid specificity in one arm , and a hybrid immunoglobulin heavy
side chains of a peptide and specific binding pockets within chain - light chain pair ( providing a second binding specific
the binding grooves of 34 human MHC class II alleles . The ity) in the other arm . This asymmetric structure, with an
location of key binding residues is achieved by the in silico immunoglobulin light chain in only one half of the bispecific
generation of Imer peptides that overlap by one amino acid 55 molecule , facilitates the separation of the desired bispecific
spanning the test antibody variable region sequence. Each compound from unwanted immunoglobulin chain combina
9mer peptide can be tested against each of the 34 MHC class tions . Bispecific antibody fragments may be connected via a
II allotypes and scored based on their potential “ fit ” and linker. This approach is described in PCT Publication No.
interactions with the MHC class II binding groove. Peptides WO 94/04690 .
that produce a high mean binding score ( >0.55 in the 60 According to one approach to making bispecific antibod
iTopeTM scoring function ) against > 50 % of the MHC class ies , antibody variable domains with the desired binding
II alleles are considered as potential T cell epitopes. In such specificities ( antibody -antigen combining sites ) are fused to
regions , the core 9 amino acid sequence for peptide binding immunoglobulin constant domain sequences . The fusion can
within the MHC class II groove is analyzed to determine the be with an immunoglobulin heavy chain constant domain ,
MHC class II pocket residues ( P1 , P4 , P6 , P7 , and P9 ) and 65 comprising at least part of the hinge , CH2 and CH3 regions.
the possible T cell receptor ( TCR) contact residues (P - 1 , P2 , The first heavy chain constant region (CH1 ) , containing the
P3 , P5 , P8 ) . After identification of any T - cell epitopes , site necessary for light chain binding, can be present in at
US 11,034,762 B1
87 88
least one of the fusions. DNAs encoding the immunoglobu- near the disulfide bonds existing between the hinge regions
lin heavy chain fusions and, if desired , the immunoglobulin in each of the two heavy chains . For example, papain cleaves
light chain , are inserted into separate expression vectors , and IgG upstream of the disulfide bonds existing between the
are co -transfected into a suitable host organism . This pro- hinge regions in each of the two heavy chains to generate
vides for great flexibility in adjusting the mutual proportions 5 two homologous antibody fragments in which an light chain
of the three polypeptide fragments in embodiments when composed of V , and CZ ( light chain constant region) , and a
unequal ratios of the three polypeptide chains used in the heavy chain fragment composed of V , and Chyi ( yl ) region
construction provide the optimum yields . It is , however, in the constant region of the heavy chain) are connected at
possible to insert the coding sequences for two or all three their C terminal regions through a disulfide bond . Each of
polypeptide chains in one expression vector when the 10 these two homologous antibody fragments is called Fab.'
expression of at least two polypeptide chains in equal ratios
results in high yields or when the ratios are of no particular Pepsin also cleaves IgG downstream of the disulfide bonds
significance . existing between the hinge regions in each of the two heavy
Heteroconjugate antibodies, comprising two covalently chains to generate an antibody fragment slightly larger than
joined antibodies, are also within the scope of the disclosure . 15 the fragment in which the two above -mentioned Fab ' are
Such antibodies have been used to target immune system connected at the hinge region . This antibody fragment is
cells to unwanted cells (U.S. Pat . No. 4,676,980 ) . Hetero called F ( ab ') 2.
conjugate antibodies may be made using any suitable cross The Fab fragment also contains the constant domain of
linking methods. Suitable cross - linking agents and tech- the light chain and the first constant domain (Chl) of the
niques are described , for example, in U.S. Pat . No. 4,676 , 20 heavy chain . Fab ' fragments differ from Fab fragments by
980 . the addition of a few residues at the carboxyl terminus of the
In some instances, a CR3022 -derived antibody described heavy chain Cyl domain including one or more cysteine ( s )
herein is a chimeric antibody. “ Chimeric” forms of non- from the antibody hinge region. Fab ' - SH is the designation
human (e.g. , murine ) antibodies include chimeric antibodies herein for Fab ' in which the cysteine residue ( s) of the
which contain minimal sequence derived from a non -human 25 constant domains bear a free thiol group . F (ab ' ) 2 antibody
Ig . For the most part, chimeric antibodies are murine anti- fragments originally were produced as pairs of Fab ' frag
bodies in which at least a portion of an immunoglobulin ments which have hinge cysteines between them . Other
constant region ( Fc ) , typically that of a human immuno- chemical couplings of antibody fragments are also known .
globulin , is inserted in place of the murine Fc . Chimeric or A “ Fv ” as used herein refers to an antibody fragment
hybrid antibodies also may be prepared in vitro using 30 which contains a complete antigen -recognition and antigen
suitable methods of synthetic protein chemistry, including binding site . This region consists of a dimer of one heavy
those involving cross -linking agents. For example , immu- chain and one light chain variable domain in tight, non
notoxins may be constructed using a disulfide exchange covalent or covalent association ( disulfide linked Fvs have
reaction or by forming a thioether bond . Examples of been described , see , e.g. , Reiter et al . ( 1996 ) Nature Bio
suitable reagents for this purpose include iminothiolate and 35 technology 14 : 1239-1245 ) . It is in this configuration that the
methyl - 4 -mercaptobutyrimidate . three CDRs of each variable domain interact to define an
Provided herein are antibodies and antigen - binding frag- antigen -binding site on the surface of the VH - V , dimer.
ments thereof, modified antibodies and antigen - binding Collectively, a combination of one or more of the CDRs
fragments thereof, and binding agents that specifically bind from each of the Vy and V , chains confer antigen -binding
to one or more epitopes on one or more target antigens. In 40 specificity to the antibody. For example, it would be under
one instance , a binding agent selectively binds to an epitope stood that, for example, the CDRH3 and CDRL3 could be
on a single antigen. In another instance , a binding agent is sufficient to confer antigen -binding specificity to an anti
bivalent and either selectively binds to two distinct epitopes body when transferred to Vh and V chains of a recipient
on a single antigen or binds to two distinct epitopes on two antibody or antigen -binding fragment and this combination
distinct antigens. In another instance, a binding agent is 45 of CDRs can be tested for binding, specificity, affinity, etc.
multivalent ( i.e. , trivalent, quatravalent, etc. ) and the binding using any of the techniques described herein . Even a single
agent binds to three or more distinct epitopes on a single variable domain ( or half of an Fv comprising only three
antigen or binds to three or more distinct epitopes on two or CDRs specific for an antigen ) has the ability to recognize
more (multiple ) antigens. and bind antigen , although likely at a lower specificity or
Functional fragments of any of the antibodies herein are 50 affinity than when combined with a second variable domain .
also contemplated . The terms “ antigen -binding portion of an Furthermore, although the two domains of a Fv fragment
antibody," " antigen -binding fragment," " antigen -binding (V , and Vw ) are coded for by separate genes , they can be
domain , ” “ antibody fragment,” or a “ functional fragment of joined using recombinant methods by a synthetic linker that
an antibody ” are used interchangeably herein to refer to one enables them to be made as a single protein chain in which
or more fragments of an antibody that retain the ability to 55 the V2 and Vh regions pair to form monovalent molecules
specifically bind to an antigen . Representative antigen- ( known as single chain Fv ( scFv ) ; Bird et al . ( 1988 ) Science
binding fragments include, but are not limited to , a Fab , a 242 : 423-426 ; Huston et al . ( 1988 ) Proc. Natl . Acad . Sci.
Fab ' , a F (ab ' ) 2 , a Fv, a scFv, a dsFv, a variable heavy domain , USA 85 : 5879-5883 ; and Osbourn et al . ( 1998 ) Nat. Biotech
a variable light domain , a variable NAR domain, bi- specific nol. 16 : 778 ) . Such scFvs are also intended to be encom
scFv, a bi -specific Fab2, a tri- specific Fabz , an AVIMER®, 60 passed within the term “ antigen -binding portion ” of an
a minibody, a diabody, a maxibody, a camelid , a VHH , an antibody. Any Vh and V? sequences of specific scFv can be
intrabody, fusion proteins comprising an antibody portion linked to an Fc region cDNA or genomic sequences in order
( e.g. , a domain antibody ), a single chain binding polypep- to generate expression vectors encoding complete Ig ( e.g. ,
tide , a scFv - Fc , or a Fab - Fc . IgG) molecules or other isotypes . Vh and V , can also be
“ F (ab')2” and “ Fab?” moieties can be produced by treating 65 used in the generation of Fab , Fv, or other fragments of Igs
an Ig with a protease such as pepsin and papain , and include using either protein chemistry or recombinant DNA tech
antibody fragments generated by digesting immunoglobulin nology
US 11,034,762 B1
89 90
“ Single -chain Fv” or “ sFv ” antibody fragments comprise and the light chain variable region by a disulfide bond . The
the Vh and V , domains of an antibody, wherein these site in each chain , into which the Cys residue is to be
domains are present in a single polypeptide chain . In some introduced, can be determined based on a conformation
embodiments , the Fv polypeptide further comprises a poly- predicted by molecular modeling . In the present disclosure ,
peptide linker between the Vh and V , domains which 5 for example , a conformation is predicted from the amino
enables the sFv to form the desired structure for antigen acid sequences of the heavy chain variable region and light
binding . For a review of sFvs , see , e.g. , Pluckthun in The chain variable region of the above - described antibody, and
Pharmacology of Monoclonal Antibodies, Vol. 113 , Rosen- DNA encoding each of the heavy chain variable region and
burg and Moore eds . Springer - Verlag, New York , pp . 269- the light chain variable region, into which a mutation has
315 ( 1994). 10 been introduced based on such prediction , is then con
The term “ AVIMER® ” refers to a class of therapeutic structed . The DNA construct is incorporated then into a
proteins of human origin , which are unrelated to antibodies suitable vector and prepared from a transformant obtained
and antibody fragments, and are composed of several modu- by transformation with the aforementioned vector.
lar and reusable binding domains , referred to as A -domains Single chain variable region fragments ( “ scFv ” ) of anti
( also referred to as class A module , complement type repeat, 15 bodies are herein . Single chain variable region fragments
or LDL - receptor class A domain ). They were developed may be made by linking light and / or heavy chain variable
from human extracellular receptor domains by in vitro exon regions by using a short linking peptide. Bird et al . ( 1988 )
shuffling and phage display ( Silverman et al . , 2005 , Nat. Science 242 : 423-426 . The single chain variants can be
Biotechnol. 23 : 1493-1494 ; Silverman et al . , 2006, Nat. produced either recombinantly or synthetically . For syn
Biotechnol. 24 :220 ). The resulting proteins can contain 20 thetic production of scFv, an automated synthesizer can be
multiple independent binding domains that can exhibit used . For recombinant production of scFv, a suitable plas
improved affinity and / or specificity compared with single- mid containing polynucleotide that encodes the scFv can be
epitope binding proteins . Each of the known 217 human introduced into a suitable host cell , either eukaryotic , such as
A - domains comprises ~ 35 amino acids (~ 4 kDa ) ; and these yeast , plant, insect , or mammalian cells , or prokaryotic, such
domains are separated by linkers that average five amino 25 as E. coli . Polynucleotides encoding the scFv of interest can
acids in length . Native A - domains fold quickly and effi- be made by routine manipulations such as ligation of poly
ciently to a uniform , stable structure mediated primarily by nucleotides. The resultant scFv can be isolated using any
calcium binding and disulfide formation . A conserved scaf- suitable protein purification techniques.
fold motif of only 12 amino acids is required for this Diabodies can be single chain antibodies. Diabodies can
common structure . The end result is a single protein chain 30 be bivalent, bispecific antibodies in which Vy and V
containing multiple domains , each of which represents a domains are expressed on a single polypeptide chain , but
separate function . Each domain of the proteins binds inde- using a linker that is too short to allow for pairing between
pendently, and the energetic contributions of each domain the two domains on the same ain , thereby forcing the
are additive. domains to pair with complementary domains of another
Antigen -binding polypeptides also include heavy chain 35 chain and creating two antigen binding sites ( see , e.g. ,
dimers such as , for example, antibodies from camelids and Holliger, P., et al . , Proc. Natl. Acad . Sci. USA , 90 : 6444-6448
sharks. Camelid and shark antibodies comprise a homodi- ( 1993 ) ; and Poljak , R. J. , et al . , Structure, 2 : 1121-1123
meric pair of two chains of V - like and C - like domains ( 1994) ) .
(neither has a light chain) . Since the Vh region of a heavy As used herein , a “ minibody” refers to a scFv fused to
chain dimer IgG in a camelid does not have to make 40 CH3 via a peptide linker ( hingeless) or via an IgG hinge has
hydrophobic interactions with a light chain , the region in the been described in Olafsen, et al . , Protein Eng. Des. Sel.,
heavy chain that normally contacts a light chain is changed April 2004 ; 17 ( 4 ) : 315-23 .
to hydrophilic amino acid residues in a camelid . Vh domains As used herein , an “ intrabody ” refers to a single chain
of heavy -chain dimer IgGs are called Vrh domains. Shark antibody which demonstrates intracellular expression and
Ig - NARs comprise a homodimer of one variable domain 45 can manipulate intracellular protein function (Biocca , et al . ,
( termed a V -NAR domain ) and five C - like constant domains EMBO J. 9 : 101-108 , 1990 ; Colby et al . , Proc Natl Acad . Sci.
( C -NAR domains ) . In camelids, the diversity of antibody USA . 101 : 17616-21 , 2004 ) . Intrabodies, which comprise
repertoire is determined by the CDRs 1 , 2 , and 3 in the VH cell signal sequences which retain the antibody construct in
or Vhh regions . The CDR3 in the camel VHH , region is intracellular regions, may be produced as described in
characterized by its relatively long length , averaging 16 50 Mhashilkar et al . , ( EMBO 1 , 14 : 1542-51 , 1995 ) and Wheeler
amino acids (Muyldermans et al . , 1994 , Protein Engineering et al . (FASEB J. 17 : 1733-5 . 2003 ) . Transbodies are cell
7 ( 9 ) : 1129 ) . This is in contrast to CDR3 regions of antibod- permeable antibodies in which a protein transduction
ies of many other species . For example , the CDR3 of mouse domains ( PTD ) is fused with single chain variable fragment
Vh has an average of 9 amino acids . Libraries of camelid- ( scFv ) antibodies Heng et al . (Med Hypotheses. 64 : 1105-8 ,
derived antibody variable regions , which maintain the in 55 2005 ) .
vivo diversity of the variable regions of a camelid , can be A “ scFv - Fc ” fragment as herein refers to an scFv attached
made by, for example, the methods disclosed in U.S. Patent to an Fc domain . For example, an Fc domain may be
Application Ser. No. 20050037421 . attached to the C - terminal of the scFv. The Fc domain may
As used herein , a “ maxibody ” refers to a bivalent scFv follow the VH or VL , depending on the orientation of the
covalently attached to the Fc region of an immunoglobulin , 60 variable domains in the scFv ( i.e. , VH -VL or VL ) . Any
see , e.g. , Fredericks et al . , Protein Engineering, Design & suitable Fc domain known in the art or described herein may
Selection, 17 : 95-106 (2004 ) and Powers et al . , Journal of be used . In some cases , the Fc domain comprises an IgG1 Fc
Immunological Methods, 251 : 123-135 ( 2001 ) . domain or an IgG4 Fc domain . A scFv - Fc format allows for
As used herein , a “ dsFv” can be a Fv fragment obtained rapid characterization of candidate scFvs isolated from
by introducing a Cys residue into a suitable site in each of 65 phage display libraries before conversion into a full - length
a heavy chain variable region and a light chain variable IgG . This format offers several advantages over the phage
region , and then stabilizing the heavy chain variable region display -derived scFv, including bivalent binding, longer
US 11,034,762 B1
91 92
half - life, and Fc -mediated effector functions . Here, a single - domain antibodies are much smaller than common
detailed method is presented , which describes the cloning, antibodies ( 150-160 kDa ), and even smaller than Fab frag
expression , and purification of an scFv - Fc fragment, starting ments ( which consist of one light chain and half a heavy
from scFv fragments obtained from a phage display library . chain and have a molecular weight of about 50 kDa) and
This method facilitates the rapid screening of candidate 5 single - chain variable fragments (which consist of two vari
antibodies, prior to a more time - consuming conversion into able domains , one from a light and one from a heavy chain ,
a full IgG format. In one instance, a single -chain Fv ( scFv ) and have a molecular weight of about 25 kDa) .
includes the heavy and light chains in the Fv of an anti- Suitable linkers may be used to link various parts of
SARS - Cov - 2 antibody herein joined with a flexible peptide recombinant or synthetic antibodies or antigen - binding frag
linker (e.g. , of about 10, 12 , 15 or more amino acid residues) 10 ments
in a single peptide chain . The single chain antibody may be
thereof or to multimerize binding agents . Annon
limiting example of a linking peptide is ( GGGGS )n , where
monovalent, if only a single VH and VL are used , bivalent, n=3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 ,
if two VH and VL are used, or polyvalent, if more than two 20 , or more ( SEQ ID NO : 452 ) and which bridges approxi
VH and VL are used . In some instances , the entire Fc region mately 3.5 nm between the carboxy terminus ofone variable
is attached to the scFv. In other instances , only the CH3 15 region and the amino terminus of the other variable region .
region of a Fc is attached to the scFv ( a “ scFv - CH ). Linkers of other sequences have been designed and used .
A “ scFab ” as described herein refers to an antigen binding Methods of producing such antibodies are described in for
domain that specifically binds to SARS - Cov - 2 is fused via instance U.S. Pat. No. 4,946,778 , Pluckthun in The Phar
a peptide linker to the C - terminus to one of the heavy chains . macology of Monoclonal Antibodies, vol . 113 , Rosenburg
A “ scFv zipper” as described herein refers to constructs of 20 and Moore eds . Springer - Verlag, New York , pp . 269-315
leucine zipper-based dimerization cassettes for the conver- ( 1994 ) , Bird et al . , Science 242 , 423-426 ( 1988 ) , Huston et
sion of recombinant monomeric scFv antibody fragments to al . , PNAS USA 85 , 5879-5883 ( 1988 ) and McCafferty et al . ,
bivalent and bispecific dimers . A truncated murine IgG3 Nature 348 , 552-554 ( 1990 ) . Linkers can in turn be modified
hinge region and a Fos or Jun leucine zipper are cloned into for additional functions, such as attachment of drugs or
four scFv fragments. Cysteine residues flanking the zipper 25 attachment to solid supports. Fab and scFab fragments may
region are introduced to covalently link dimerized scFv be stabilized via natural disulfide bonds between the CL
fragments. The secreted fusion proteins form stable Fos •Fos domain and the CH1 domain . Antigen -binding fragments
or Jun Jun homodimers. comprising a heavy chain variable domain (VH ) and a light
A “ cross - Fab fragment” or “ xFab fragment” or “ crossover chain variable domain (VL ) , such as the Fab , crossFab , scFv
Fab fragment” as described herein refers to a Fab fragment, 30 and scFab fragments as described herein might be further
wherein either the variable regions or the constant regions of stabilized by introducing interchain disulfide bridges
the heavy and light chain are exchanged . Two different chain between the VH and the VL domain . Accordingly, one
compositions of a crossover Fab molecule are possible and embodir nt, the Fab fragment ( s ), the crossFab fragment( s ),
comprised within the scope of bispecific antibodies and the scFv fragment ( s) and / or the scFab fragment ( s) com
antigen -binding fragments described herein . On the one 35 prised in the antigen binding receptors according to the
hand , the variable regions of the Fab heavy and light chain invention might be further stabilized by generation of inter
are exchanged, i.e. the crossover Fab molecule comprises a chain disulfide bonds via insertion of cysteine residues. Such
peptide chain composed of the light chain variable region stabilized antigen binding moieties are referred to by the
(VL) and the heavy chain constant region (CH1 ) , and a term “ ds ” . Cysteine engineered antibodies, in some embodi
peptide chain composed of the heavy chain variable region 40 ments, are made reactive for conjugation with linker-de
(VH ) and the light chain constant region ( CL) . This cross- grader intermediates described herein , by treatment with a
over Fab molecule is also referred to as CrossFab VLVH . On reducing agent such as DTT ( Cleland's reagent, dithiothrei
the other hand, when the constant regions of the Fab heavy tol ) or TEP ( tris ( 2 - carboxyethyl )phosphine hydrochloride;
and light chain are exchanged , the crossover Fab molecule Getz et al . ( 1999 ) Anal. Biochem . Vol 273 : 73-80 ; Soltec
comprises a peptide chain composed of the heavy chain 45 Ventures, Beverly, Mass . ) followed by re - formation of the
variable region ( VH ) and the light chain constant region inter - chain disulfide bonds ( re -oxidation ) with a mild oxi
( CL) , and a peptide chain composed of the light chain dant such as dehydroascorbic acid .
variable region (VL ) and the heavy chain constant region Also provided herein are affinity matured antibodies. For
(CH1 ) . This crossover Fab molecule is also referred to as example , affinity matured antibodies can be produced by any
CrossFab CLCH1 . 50 suitable procedure ( see , e.g. , Marks et al . , 1992 , Bio / Tech
A “ Fab -Fc ” fragment as described herein refers to a Fab nology, 10 : 779-783 ; Barbas et al . , 1994, Proc Nat. Acad . Sci,
fragment that is attached to a CH1 , CH2 , and / or a CH3 USA 91 : 3809-3813 ; Schier et al . , 1995 , Gene, 169 : 147-155 ;
region of a Fc , where the molecule does not contain all of a Yelton et al . , 1995 , J. Immunol., 155 : 1994-2004 ; Jackson et
CH1 , CH2 , and CH3 . al . , 1995 , J. Immunol., 154 ( 7 ) : 3310-9 ; Hawkins et al , 1992 ,
The terms " single domain antibody ” and “ sdAb ” refer to 55 J. Mol. Biol., 226 : 889-896 ; and WO2004 /058184 ) . The
a single - chain antibody polypeptide consisting of a single following methods may be used for adjusting the affinity of
monomeric variable antibody domain . The term “ VHH ” as an antibody and for characterizing a CDR . One way of
used herein refers to molecules engineered from heavy- characterizing a CDR of an antibody and / or altering ( such as
chain antibodies found in camelids . The terms “ shark new improving ) the binding affinity of a polypeptide, such as an
antigen receptor ” , “ VNAR ” and “ IgNAR ” as used herein 60 antibody, is termed “ library scanning mutagenesis . ” Gener
refer to molecules obtained from the heavy - chain antibodies ally , library scanning mutagenesis works as follows. One or
of cartilaginous fish , such as sharks. Single -domain antibod- more amino acid position in the CDR is replaced with two
ies can also be obtained by splitting dimeric variable or more ( such as 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 ,
domains from common immunoglobulin G (IgG) into 17 , 18 , 19 , or 20) amino acids . This generates small libraries
monomers . Single - domain antibodies are typically about 65 of clones (in some embodiments, one for every amino acid
110 amino acids long and have a typical molecular weight position that is analyzed ), each with a complexity of two or
in the region of from about 12 to about 15 kDa. As such , more members (if two or more amino acids are substituted
US 11,034,762 B1
93 94
at every position) . Generally, the library also includes a amino acid sequence using a conservative or a non -conser
clone comprising the native ( unsubstituted) amino acid . A vative substitution such that the resulting modified antibody
small number of clones, for example, about 20-80 clones exhibits about 80 % homology to a sequence described
(depending on the complexity of the library ), from each herein .
library can be screened for binding specificity or affinity to 5 The phrase " conservative amino acid substitution ” refers
the target polypeptide ( or other binding target ), and candi- to grouping of amino acids on the basis of certain common
dates with increased , the same , decreased , or no binding are properties. A functional way to define common properties
identified . Binding affinity may be determined using Biacore between individual amino acids is to analyze the normalized
surface plasmon resonance analysis, which detects differ- frequencies of amino acid changes between corresponding
ences in binding affinity of about 2 - fold or greater. Biacore 10 proteins of homologous organisms (Schulz, G. E. and R. H.
can be particularly useful when the starting antibody already Schirmer, Principles of Protein Structure, Springer - Verlag).
binds with a relatively high affinity, for example , a Ky of According to such analyses, groups of amino acids may be
about 10 nM or lower . defined where amino acids within a group exchange pref
In some instances , an antibody or antigen -binding frag- erentially with each other, and therefore resemble each other
ment is bi - specific or multi- specific and can specifically bind 15 most in their impact on the overall protein structure.
to more than one antigen. In some cases , such a bi -specific Examples of amino acid groups defined in this manner
or multi - specific antibody or antigen -binding fragment can include :
specifically bind to 2 or more different antigens. In some (i ) a charged group , consisting of Glu and Asp , Lys, Arg
cases , a bi - specific antibody or antigen -binding fragment and His ;
can be a bivalent antibody or antigen -binding fragment. In 20 ( ii ) a positively - charged group , consisting of Lys, Arg and
some cases , a multi specific antibody or antigen -binding His ;
fragment can be a bivalent antibody or antigen - binding (iii ) a negatively - charged group , consisting of Glu and
fragment, a trivalent antibody or antigen -binding fragment, Asp ;
or a quatravalent antibody or antigen -binding fragment. ( iv ) an aromatic group , consisting of Phe, Tyr and Trp ;
An antibody or antigen -binding fragment herein can be an 25 (v ) a nitrogen ring group , consisting of His and Trp ;
isolated, purified , recombinant, or synthetic. (vi ) a large aliphatic non -polar group , consisting of Val,
As used herein , the term “ affinity ” refers to the equilib Leu and Ile ;
rium constant for the reversible binding of two agents and is (vii ) a slightly -polar group , consisting of Met and Cys;
expressed as K ) . The binding affinity (KD) of a CR3022- (viii ) a small- residue group , consisting of Ser, Thr, Asp ,
derived antibody or antigen -binding fragment herein can be 30 Asn , Gly, Ala , Glu , Gln and Pro ;
less than 50 nM , 49 nM , 48 nM , 47 nM , 46 nM , 45 nM , 44 (ix ) an aliphatic group consisting of Val, Leu , Ile , Met and
nM , 43 nM , 42 nM , 41 nM , 40 nM , 39 nM , 38 nM , 37 nM , Cys ; and
36 nM , 35 nM , 34 nM , 33 nM , 32 nM , 31 nM , 30 nM , 29 (x ) a small hydroxyl group consisting of Ser and Thr.
nM , 28 nM , 27 nM , 26 nM , 25 nM , 24 nM , 23 nM , 22 nM , In addition to the groups presented above, each amino
21 nM , 20 nM , 19 nM , 18 nM , 17 nM , 16 nM , 15 nM , 14 35 acid residue may form its own group , and the group formed
nM , 13 nM , 12 nM , 11 nM , 10 nM , 9 nM , 8 nM , 7 nM , 6 by an individual amino acid may be referred to simply by the
nM , 5 nM , 4 nM , 3 nM , 2 nM , 1 nM , 990 PM , 980 PM , 970 one and / or three letter abbreviation for that amino acid
PM , 960 PM , 950 PM , 940 PM , 930 PM , 920 PM , 910 PM , commonly used in the art as described above .
900 PM , 890 PM , 880 PM , 870 PM , 860 PM , 850 PM , 840 A " conserved residue ” is an amino acid that is relatively
PM , 830 PM , 820 PM , 810 PM , 800 PM , 790 PM , 780 PM , 40 invariant across a range of similar proteins. Often conserved
770 PM , 760 PM , 750 PM , 740 PM , 730 PM , 720 PM , 710 residues will vary only by being replaced with a similar
PM , 700 PM , 690 PM , 680 PM , 670 PM , 660 PM , 650 PM , amino acid , as described above for " conservative amino acid
640 PM , 630 PM , 620 PM , 610 PM , 600 PM , 590 PM , 580 substitution ."
PM , 570 PM , 560 PM , 550 PM , 540 PM , 530 PM , 520 PM , The letter “ x ” or “ xaa ” as used in amino acid sequences
510 PM , 500 PM , 490 PM , 480 PM , 470 PM , 460 PM , 450 45 herein is intended to indicate that any of the twenty standard
PM , 440 PM , 430 PM , 420 PM , 410 PM , 400 PM , 390 PM , amino acids may be placed at this position unless specifi
380 PM , 370 PM , 360 PM , 350 PM , 340 PM , 330 PM , 320 cally noted otherwise .
PM , 310 PM , 300 PM , 290 PM , 280 PM , 270 PM , 260 PM , As used herein , “ identity” means the percentage of iden
250 PM , 240 PM , 230 PM , 220 PM , 210 PM , 200 PM , 190 tical nucleotide or amino acid residues at corresponding
PM , 180 PM , 170 pM , or any integer therebetween . 50 positions in two or more sequences when the sequences are
Binding affinity may be determined using surface plas- aligned to maximize sequence matching, i.e. , taking into
mon resonance ( SPR) , Kinexa Biocensor, scintillation prox- account gaps and insertions . Identity can be readily calcu
imity assays , enzyme linked immunosorbent assay ( ELISA) , lated by known methods, including but not limited to those
ORIGEN immunoassay (IGEN) , fluorescence quenching, described in Computational Molecular Biology, Lesk , A. M. ,
fluorescence transfer, yeast display, or any combination 55 ed . , Oxford University Press, New York , 1988 ; Biocomput
thereof. Binding affinity may also be screened using a ing : Informatics and Genome Projects, Smith, D. W., ed . ,
suitable bioassay. Academic Press, New York , 1993 ; Computer Analysis of
As used herein , the term “ avidity ” refers to the resistance
Sequence Data , Part 1 , Griffin , A. M. , and Griffin , H. G. , eds . ,
of a complex of two or more agents to dissociation after Humana Press, New Jersey , 1994 ; Sequence Analysis in
dilution. Apparent affinities can be determined by methods 60 Molecular Biology , von Heinje , G. , Academic Press, 1987 ;
such as an enzyme linked immunosorbent assay (ELISA) or and Sequence Analysis Primer, Gribskov, M. and Devereux ,
any other technique familiar to one of skill in the art. J. , eds . , M Stockton Press, New York , 1991 ; and Carillo , H. ,
Avidities can be determined by methods such as a Scatchard and Lipman , D. , SIAM J. Applied Math ., 48 : 1073 ( 1988 ) .
analysis or any other technique familiar to one of skill in the Methods to determine identity are designed to give the
art . 65 largest match between the sequences tested . Moreover,
A CR3022 - derived antibody or antigen -binding fragment methods to determine identity are codified in publicly avail
can be modified by making one or more substitutions in the able computer programs. Computer program methods to
US 11,034,762 B1
95 96
determine identity between two sequences include , but are antigen -binding fragments herein . Such one or more RNA
not limited to , the GCG program package (Devereux, J. , et molecules may be present in a vector for administration to
al . , Nucleic Acids Research 12 ( 1 ) : 387 ( 1984 ) ) , BLASTP , a subject.
BLASTN , and FASTA ( Altschul, S. F. et al . , J. Molec. Biol. Provide herein are polynucleotides ( such as RNA, for
215 : 403-410 ( 1990 ) and Altschul et al . Nuc . Acids Res. 25 : 5 example mRNA ) encoding antibodies or antigen - binding
3389-3402 ( 1997 ) ) . The BLAST X program is publicly fragments that can specifically bind to SARS - CoV - 2 . Anti
available from NCBI and other sources (BLAST Manual, body or antigen -binding fragments encoded by polynucle
Altschul, S. , et al . , NCBI NLM NIH Bethesda, Md . 20894 ; otides can include antibodies or antigen -binding fragments.
Altschul, S. , et al . , J. Mol. Biol. 215 : 403-410 ( 1990) . The 10 Polynucleotides
infection of the
can be administered to a subject to prevent
subject by SARS - Cov - 2 or to treat a subject
well -known Smith Waterman algorithm may also be used to
determine identity. “ Polynucleotide” or “ nucleic acid , ” as antigen -binding fragments- 2 .canIn besome
infected by SARS -CoV cases , antibodies or
produced in a subject that
used interchangeably herein , refer to polymers of nucleo has been administered a polynucleotide herein .
tides of any length , and include DNA and RNA . The Polynucleotides can comprise genetic material encoding a
nucleotides can be deoxyribonucleotides, ribonucleotides, 15 CR3022-derived antibody or antigen -binding fragment ( e.g.,
modified nucleotides or bases , and / or their analogs , or any DNA or mRNA ). In some cases , polynucleotides can be in
substrate that can be incorporated into a polymer by DNA or a vector, such as a viral vector or an artificial chromosome
RNA polymerase. A polynucleotide may comprise modified such as a human artificial chromosome. In some cases ,
nucleotides, such as methylated nucleotides and their ana- polynucleotides can additionally comprise a promoter, a
logs . If present, modification to the nucleotide structure may 20 terminator, a sequence encoding a tag , a sequence encoding
be imparted before or after assembly of the polymer. The a second antibody or antigen -binding fragment, or
sequence of nucleotides may be interrupted by non -nucleo- sequence encoding a molecule that can aid in folding or
tide components. A polynucleotide may be further modified function of the antibody or antigen -binding fragment.
after polymerization , such as by conjugation with a labeling In some cases , polynucleotides can be used to prevent
component. Other types of modifications include , for 25 and / or treat disease caused by SARS - Cov - 2 or a similar
example , " caps,” substitution of one or more of the natu- virus ( e.g. , COVID - 19 ) ; i.e. , polynucleotides can have pro
rally occurring nucleotides with an analog , internucleotide phylactic or therapeutic uses , or both prophylactic and
modifications such as , for example , those with uncharged therapeutic uses . Accordingly, the present disclosure pro
linkages ( e.g. , methyl phosphonates, phosphotriesters, phos- vides methods to prevent and / or treat infection by SARS
phoamidates , carbamates, etc. ) and with charged linkages 30 CoV - 2 . In some cases , such methods can comprise admin
( e.g. , phosphorothioates , phosphorodithioates, etc. ), those istering to a subject one or more mRNA molecules encoding
containing pendant moieties, such as , for example, proteins a CR3022 -derived antibody or antigen -binding fragment
( e.g. , nucleases, toxins, antibodies , signal peptides, ply -L- that can specifically bind to SARS - CoV - 2 .
lysine , etc. ) , those with intercalators (e.g. , acridine , psoralen , An antibody library herein can comprise a plurality of
etc. ) , those containing chelators ( e.g. , metals , radioactive 35 antibodies and / or antigen -binding fragments. The plurality
metals, boron , oxidative metals, etc. ) , those containing alky- of antibodies and / or antigen -binding fragments can be at
lators , those with modified linkages (e.g. , alpha anomeric least 1.0x10 " , 1.0x107 , 1.0x10 % , 1.0x10 ° , 1.0x1010 , 2.0x
nucleic acids , etc. ), as well as unmodified forms of the 1010 , 3.0x1010 , 4.0x1010 , 5.0x1010 , 6.0x1010 , 7.0x1010 ,
polynucleotide (s ). Further, any of the hydroxyl groups ordi- 8.0x1010, 9.0x1010 , or 10.0x1010 .
narily present in the sugars may be replaced, for example , by 40 The practices of the present invention will employ, unless
phosphonate groups , phosphate groups, protected by stan- otherwise indicated, conventional techniques of molecular
dard protecting groups , or activated to prepare additional biology (including recombinant techniques ), microbiology,
linkages to additional nucleotides, or may be conjugated to cell biology, biochemistry and immunology, which are
solid supports . The 5 ' and 3 ' terminal OH can be phospho- within the skill of the art. Such techniques are explained
rylated or substituted with amines or organic capping group 45 fully in the literature, such as , Molecular Cloning : A Labo
moieties of from 1 to 20 carbon atoms . Other hydroxyls may ratory Manual, second edition (Sambrook et al . , 1989 ) Cold
also be derivatized to standard protecting groups. Polynucle- Spring Harbor Press ; Oligonucleotide Synthesis (M. J. Gait ,
otides can also contain analogous forms of ribose or deoxy- ed . , 1984 ) ; Methods in Molecular Biology, Humana Press ;
ribose sugars including , for example, 2 '- O -methyl-, 2-0- Cell Biology : A Laboratory Notebook (J. E. Cellis , ed . ,
allyl , 2 ' - fluoro- or 2 '- azido - ribose, carbocyclic sugar 50 1998 ) Academic Press ; Animal Cell Culture (R. I. Freshney ,
analogs, alpha -anomeric sugars , epimeric sugars such as ed . , 1987 ) ; Introduction to Cell and Tissue Culture (J. P.
arabinose, xyloses , or lyxoses , pyranose sugars , furanose Mather and P. E. Roberts, 1998 ) Plenum Press ; Cell and
sugars , sedoheptuloses, acyclic analogs, and abasic nucleo- Tissue Culture: Laboratory Procedures (A. Doyle , J. B.
side analogs such as methyl riboside . One or more phos- Griffiths , and D. G. Newell , eds . , 1993-1998 ) J. Wiley and
phodiester linkages may be replaced by alternative linking 55 Sons ; Methods in Enzymology (Academic Press, Inc. );
groups. These alternative linking groups include , but are not Handbook of Experimental Immunology (D. M. Weir and C.
limited to , embodiments wherein phosphate is replaced by C. Blackwell, eds . ) ; Gene Transfer Vectors for Mammalian
P (O ) S ( “ thioate ” ), P ( S ) S ( “ dithioate” ), (O ) NR2 ( “ amidate ” ) , Cells (J. M. Miller and M. P. Cabs, eds . , 1987 ) ; Current
P (O ) R , P (O ) OR' , CO , or CH2 ( “ formacetal ” ) , in which each Protocols in Molecular Biology ( F. M. Ausubel et al . , eds . ,
R or R' is independently H or substituted or unsubstituted 60 1987 ) ; PCR : The Polymerase Chain Reaction , (Mullis et al . ,
alkyl ( 1-20 C ) optionally containing an ether ( 0– ) link- eds ., 1994 ) ; Current Protocols in Immunology ( J. E. Coligan
age , aryl, alkenyl, cycloalkyl, cycloalkenyl, or araldyl. Not et al . , eds . , 1991 ) ; Short Protocols in Molecular Biology
all linkages in a polynucleotide need be identical. The ( Wiley and Sons , 1999 ) ; Immunobiology ( C. A. Janeway
preceding description applies to all polynucleotides referred and P. Travers, 1997 ) ; Antibodies ( P. Finch , 1997 ) ; Antibod
to herein , including RNA and DNA . 65 ies : a practical approach (D. Catty, ed . , IRL Press, 1988
In one aspect , provided herein is one or more RNA 1989 ) ; Monoclonal antibodies: a practical approach ( P.
molecules that encode one or more of the antibodies or Shepherd and C. Dean , eds . , Oxford University Press ,
US 11,034,762 B1
97 98
2000 ) ; Using antibodies: a laboratory manual (E. Harlow -continued
and D. Lane (Cold Spring Harbor Laboratory Press, 1999 ) ;
and The Antibodies ( M. Zanetti and J. D. Capra, eds . , Captures ka kd KD Rmax
Harwood Academic Publishers, 1995 ) . RL (RU ) (M- 1 s- 1 ) (S - 1 ) (NM ) (RU )
5
1387 2.30E + 05 5.80E - 03 25.29 16
Examples 1577 1.30E + 05 5.70E - 03 42.72 22
1464 4.10E + 05 1.60E - 02 38.26 30
The application may be better understood by reference to 1361
2355
4.10E + 05
5.27E + 05
1.20E - 02 30.52
41.26
37
20
the following non - limiting examples , which are provided as 1377 4.00E + 05
2.17E - 02
9.30E - 03 23.26 21
exemplary embodiments of the application . The following 10 1997 7.50E + 04 5.70E - 04 7.59 28
examples are presented in order to more fully illustrate 1161 6.65E + 04 5.86E - 04 8.82 19.21
embodiments and should in no way be construed , however, 1436 4.62E + 05 1.56E - 02 33.76 75
as limiting the broad scope of the application . 1228 3.73E + 04 4.96E - 04 13.3 15.48
1169 4.38E + 05 1.54E - 02 35.2 50.56
Example 1 : Kinetics and Affinity Determination of 15 1763
1684
7.07E + 04
1.26E + 05
1.07E - 03
1.18E - 04
15.17
0.94
41.6
12.17
an Anti -SARS - Cov - 2 scFv by Surface Plasmon 1501 2.49E + 05 1.23E - 04 0.49 50
Resonance 1627 4.17E + 04 8.58E - 04 20.57 23.43
1820 4.38E + 04 1.77E - 03 40.37 51.3
High - throughput surface plasmon resonance (SPR) 1515 2.00E + 05 8.90E - 03 43.99 69
kinetic experiments were performed on Carterra LSA Array 20 1346 6.30E + 04 4.10E - 04 6.58 17
SPR instrument ( Carterra, Salt Lake City, Utah ) equipped 1470 1.20E + 05 3.90E - 04 3.25 37
1293 1.46E + 05 5.33E - 04 3.66 67
with HC200M sensor chip ( catalog No. 4287 , Carterra, Salt 1435 2.64E + 05 2.61E - 04 0.99 19
Lake City, Utah ) at 25 ° C. Anti -SARS - Cov - 2 scFv con 1340 5.23E + 04 5.70E - 05 1.1 6.33
structs were expressed with a V5 epitope tag to enable 1432 1.36E + 05 2.62E - 04 1.92 34
capture via immobilized anti - V5 antibody. Surfaces were 25 1679 3.05E + 05 5.70E - 05 0.2 45
prepared in HBSTE ( 10 mM HEPES pH 7.4 , 150 mM NaCl , 1689
975
2.00E + 05
2.76E + 05
5.70E - 05
1.04E - 02
0.29
37.56
32.6
130.65
3 mM EDTA , 0.01 % ( v / v ) Tween - 20 ) as running buffer. The 1598 4.19E + 04 3.70E - 04 8.81 21.86
capture surface was prepared by standard amine - coupling of 1035 1.52E + 05 9.11E - 04 6.01 13.91
anti - V5 tag antibody ( catalog No. ab27671 , Abcam , Cam 859 1.17E + 05 3.44E - 04 2.95 19.7
bridge, Mass . ) on the entire chip surface as follows. The chip 30 1471 5.49E + 04 8.93E - 04 16.27 28.08
was activated with a 10 - min injection of a freshly prepared 1609 1.09E + 05 5.70E - 05 0.5 33
1 : 1 : 1 ( v / v / v ) mixture of 0.4 M 1 -Ethyl-3-(3 -Dimethylami 1278 8.50E + 04 3.60E - 04 4.24 17
nopropyl ) carbodiimide hydrochloride ( EDC) +0.1 M N -hy 1265
1447
6.14E + 05
2.47E + 05
2.23E - 02
1.37E - 03
36.25
5.56
69
71.8
droxysulfosuccinimide ( SNHS ) +0.1 M 2- ( N -morpholino ) 836 5.51E + 05 1.57E - 02 28.51 39.43
ethanesulfonic acid (MES ) pH 5.5 . Then , anti - V5 tag anti- 35 792 4.34E + 05 1.42E - 02 32.83 19.62
body was diluted to 50 ug /ml in 10 mM sodium acetate pH 1149 6.16E + 05 3.81E - 03 6.18 90.69
4.3 and coupled for 14 min . Excess reactive esters were 1028 5.70E + 05 1.50E - 02 26.08 23
blocked with a 10 -min injection of 1 M ethanolamine HCl 1088 4.58E + 05 1.31E - 02 28.73 67.81
pH 8.5 . library of anti - COVID - 19 scFv clones was sup 1155 3.28E + 05 5.38E - 03 16.41 41.62
plied as plates of crude bacterial periplasmic extracts (PPE ) 40 785 3.08E + 05 1.24E - 02 40.33 28.35
and diluted 2 - fold in running buffer. ScFv samples were flow 881 8.60E + 05 2.31E - 02 26.9 36
printed for 15 - min in batches of 96 PPE’s in parallel using 808 3.78E + 05 1.55E - 02 40.96 48.96
703 4.09E + 05 1.43E - 02 34.97 41.34
the 96 channel printhead to generate a 384 - ligand array 745 6.31E + 05 1.66E - 02 26.34 43.14
comprising 1 spot per scFv . For the interaction analysis, the 1493 1.60E + 05 2.20E - 04 1.38 14.59
running buffer HBST ( 10 mM HEPES pH 7.4 , 150 mM 45 1497 2.50E + 05 8.30E - 03 32.81 25
NaCl , 0.01 % ( v / v ) Tween - 20 ) was supplemented with 0.5 1324 8.28E + 05 3.63E - 04 0.4 148
mg/ml BSA . Surfaces were stabilized with seven to eight 1531 1.20E + 04 2.80E - 04 22.54 70
buffer analyte injections. SARS - CoV - 2, SARS - CoV - 1, and 1409 2.21E + 04 5.07E - 04 22.95 62
MERS Receptor Binding Domain (RBD ) proteins were 1388 3.02E + 05 1.40E - 02 46.2 59
prepared at concentrations of 0 , 3.7 , 11.1 , 33.3 , 100 , 37 , and 50 1343 1.57E + 05 1.85E - 04 1.18
39.69
18
116
300 nM and these samples were injected as analyte for 5 1347
1380
8.14E + 04
6.24E + 04
3.23E - 03
5.70E - 05 0.91 15.7
min, allowing a 15 - min dissociation time . Samples were 1361 5.48E + 04 1.12E - 03 20.47 23.3
injected in ascending concentration without any regenera 1464 5.59E + 04 2.07E - 04 3.71 12.18
tion in between them . Binding data from the local reference 2137 4.26E + 04 4.82E - 04 11.32 45
spots were subtracted from the active spots and the nearest 55 1074 2.78E + 05 1.27E - 02 45.52 24.98
buffer blank analyte responses were subtracted to double 1050 2.73E + 05 5.88E - 04 2.15 26.91
reference the data . The double - referenced data were fitted to 1028 9.72E + 04 1.13E - 03 11.58 55.68
a simple 1 : 1 Langmuir binding model in Carterra's Kinetic 1723 2.54E + 04 6.79E - 04 26.77 30.71
Inspection Tool to give kinetics (k?, ka), affinity (KD ), and 819 1.58E + 05 7.29E - 03 46.24 20.81
Rmax value for each interaction . 60
Asp Ile Val Met Thr Gin Ser Pro Asp Ser Leu Ala Val Ser Leu Gly
1 5 10 15
Lys Ser Ser Gln Ser Xaa Leu Tyr Ser Ser Xaa Asn Xaa Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Asn Asn Tyr Leu Ala
1 5 10 15
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Thr Ser Asn Asn Asn Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Thr Ser Asn Asn Asn Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gln Asn Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Thr Ser Ser Leu Ser Leu Gin Asp Arg Ser Asn Asn Lys Asn Tyr Leu
1 5 10 15
Thr
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Asn Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Asn Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Asn Asn Ile Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Asn Lys Asn Asn Tyr Leu
1 5 10 15
Ala
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Asn Asn Leu Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Asn Asn Lys Asn Tyr Leu
1 5 10 15
Ala
US 11,034,762 B1
111 112
- continued
< 210 > SEQ ID NO 21
< 211 > LENGTH : 17
< 212 > TYPE : PRT
< 213 > ORGANISM : Artificial Sequence
< 220 > FEATURE :
< 223 > OTHER INFORMATION : Description of Artificial Sequence : Synthetic
peptide
< 400 > SEQUENCE : 21
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gln Arg Val Leu Tyr Ser Ser Asn Asn Leu Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Asn Asn Ile Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
US 11,034,762 B1
113 114
- continued
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gln Ser Val Phe His Ser Ser Asn Asn Lys Asn His Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
US 11,034,762 B1
115 116
- continued
Ala
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Asn Asn His Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu His Ser Ala Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
US 11.034.762 B1
117 118
- continued
Ala
Ala
Arg Ser Ser Gln Ser Val Leu Tyr Ser Ser Asn Asn Lys Asn Tyr Phe
1 1 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 1 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Asn Asn Lys Asn Tyr Leu
1 5 1 15
US 11.034.762 B1
119 120
- continued
Ala
Lys Ser Ser Gin Thr Ile Ser Tyr Ser Ser Asp Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Asn Asn His Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
US 11,034,762 B1
121 122
- continued
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Ala
Ala
Lys Ser Ser Gin Ser Val Leu His Ser Ser Asn Asn Leu Asn Tyr Phe
1 5 10 15
Ala
Thr Ser Ser Gin Ser Val Leu His Ser Ser Asn Asn Leu Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Arg Ser Asn Asn Leu His Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Asn Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Ala
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Asn Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 10 15
Ala
Lys Ser Ser Gln Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Ala
Lys Ser Ser Gin Ser Val Leu Tyr Ser Ser Ile Asn Lys Asn Tyr Leu
1 5 10 15
Ala
Trp Tyr Gin Gin Lys Pro Gly Gin Pro Pro Lys eu Ile Ser
1 5 10 15
Gly Val Pro Asp Arg Phe Ser Gly Ser Gly Ser Gly Thr Asp Phe Thr
1 5 10 15
Leu Thr Ile Ser Ser Leu Gln Ala Glu Asp Val Ala Val Tyr Tyr
20 25 30
Cys Xaa Gin Tyr Xaa Xaa Xaa Pro Xaa Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Arg Gln Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Ser Thr Pro Leu Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Thr Thr Pro Tyr Thr Phe
1 5 10
Cys Gin Gin His Tyr Ser Ala Pro Leu Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Ala Leu Pro Leu Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Thr Thr Pro Tyr Thr Phe
1 5 10
US 11,034,762 B1
143 144
- continued
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Tyr Ala Pro Trp Thr Phe
1 5 10
Cys Arg Gln Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Ser Thr Pro Pro Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Gly Phe Pro Leu Thr Phe
1 5 10
Cys His Gin Tyr Tyr Ser Thr Pro Pro Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Ser Thr Pro Tyr Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Gin Gin Tyr His Thr Ile Pro Tyr Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Ala Thr Pro Tyr Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Lys Ile Pro Tyr Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Thr Thr Pro Tyr Thr Phe
1 5 10
Cys Arg Gln Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Gin Gin Tyr His Ser Thr Pro Leu Thr Phe
1 5 10
US 11,034,762 B1
149 150
- continued
Cys Gin Gin Tyr Tyr Ser Leu Pro Leu Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Ser Thr Pro Val Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Gin Gin Tyr Ser Thr Thr Pro Tyr Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Lys Ile Pro Tyr Thr Phe
1 5 10
Cys Gin Gin Tyr Ser Thr Thr Pro Tyr Thr Phe
1 5 10
Cys His Gin Tyr Tyr Thr Thr Pro Pro Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Ser Thr Pro Tyr Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Ser Thr Val Ile Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Ser Thr Pro Tyr Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Ser Thr Pro Tyr Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Ti Phe
1 5 10
Cys Gin Gin Tyr His Ser Thr Pro Tyr Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Gly Thr Pro Phe Thr Phe
US 11.034.762 B1
155 156
- continued
1 5 10
Cys Gin Gin Tyr Tyr Ser Thr Pro Tyr Thr Phe
1 5 10
Cys Gin Gin Tyr Ser Ser Thr Pro Tyr Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Ser Thr Pro Tyr Thr Phe
1 5 10
Cys Gin Gin Tyr His Ser Thr Pro Leu Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys Arg Gin Tyr Tyr Ser Thr Pro Trp Thr Phe
1 5 10
Cys His Gin Tyr Tyr Asn Thr Pro Pro Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Ser Thr Pro Tyr Thr Phe
1 5 10
Cys Gin Gin Ser Tyr Ile Thr Pro Tyr Thr Phe
1 5 10
Cys Gin His Tyr Tyr Asn Thr Pro Leu Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Gly Ile Pro Tyr Thr Phe
1 5 10
Cys Gin Gin Tyr Leu Ser Thr Pro Leu Thr Phe
1 5 10
Cys Gin Gin Tyr His Ser Thr Pro Tyr Thr Phe
1 5 10
Cys Gin Gin Tyr Tyr Thr Ala Pro Phe Thr Phe
1 5 10
Cys Gin Gin Tyr Leu Ser Thr Pro Leu Thr Phe
1 5 10
Gin Val Gin Leu Val Gln Ser Gly Ala Glu Val Lys Lys Pro Gly Ser
1 5 10 15
Ser Val Lys Val Ser Cys Lys Ala Ser Gly
20 25
Trp Val Arg Gln Ala Pro Gly Gin Gly Leu Glu Trp Met
1 5 10
Trp Val Arg Gln Ala Pro Gly Gin Gly Leu Glu Trp Val
1 5 10
US 11,034,762 B1
175 176
- continued
< 210 > SEQ ID NO 190
< 211 > LENGTH : 13
< 212 > TYPE : PRT
< 213 > ORGANISM : Artificial Sequence
< 220 > FEATURE :
< 223 > OTHER INFORMATION : Description of Artificial Sequence : Synthetic
peptide
< 220 > FEATURE :
< 221 > NAME /KEY : MOD_RES
< 222 > LOCATION : ( 2 ) .. ( 2 )
< 223 > OTHER INFORMATION : G , I , or W
< 220 > FEATURE :
< 221 > NAME / KEY : MOD_RES
< 222 > LOCATION : ( 3 ) .. ( 3 )
< 223 > OTHER INFORMATION : I or M
< 220 > FEATURE :
< 221 > NAME / KEY : MOD_RES
< 222 > LOCATION : ( 4 ) .. ( 4 )
< 223 > OTHER INFORMATION : I , N , or Y
< 220 > FEATURE :
< 221 > NAME / KEY : MOD_RES
< 222 > LOCATION : ( 6 ) .. ( 6 )
< 223 > OTHER INFORMATION : G , N , or R
< 220 > FEATURE :
< 221 > NAME / KEY : MOD_RES
< 222 > LOCATION : ( 7 ) .. ( 7 )
< 223 > OTHER INFORMATION : D , G , or s
< 220 > FEATURE :
< 221 > NAME / KEY : MOD_RES
< 222 > LOCATION : ( 8 ) .. ( 8 )
< 223 > OTHER INFORMATION : G or S
< 220 > FEATURE :
< 221 > NAME / KEY : MOD_RES
< 222 > LOCATION : ( 9 ) .. ( 9 )
< 223 > OTHER INFORMATION : Any amino acid or not present
< 220 > FEATURE :
< 221 > NAME / KEY : MOD_RES
< 222 > LOCATION : ( 10 ) .. ( 10 )
< 223 > OTHER INFORMATION : A or T
< 220 > FEATURE :
< 221 > NAME /KEY : MOD_RES
< 222 > LOCATION : ( 11 ) .. ( 11 )
< 223 > OTHER INFORMATION : G , N , or R
< 220 > FEATURE :
< 221 > NAME / KEY : MOD_RES
< 222 > LOCATION : ( 13 ) .. ( 13 )
< 223 > OTHER INFORMATION : A or S
Gly Xaa Xaa Xaa Pro Xaa Xaa Xaa Xaa Xaa Xaa Tyr Xaa
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Thr Thr Arg Tyr Ser
1 5 10
Gly Ile Ile Asp Pro Ser Gly Gly Ser Thr Ser Tyr Ala
US 11.034.762 B1
177 178
- continued
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Thr Thr Arg Tyr Ser
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Gly Thr Thr Arg Tyr Ser
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Glu Ala Arg Tyr Ser
1 5 10
Gly Gly Ile Ile Pro Ile Phe Gly Thr Thr Asn Tyr Ala
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Gly Glu Ala Arg Tyr Ser
1 5 10
Gly Met Ile Ile Pro Arg His Gly Gly Thr Ala Tyr Ala
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Gly Glu Ala Arg Tyr Ser
1 5 10
Gly Trp Ile Asn Pro Asn Ser Gly Ala Thr Asn Tyr Ala
1 5 10
Gly Arg Ile Asn Pro Asn Ser Gly Gly Thr Asn Tyr Ala
1 5 10
Gly Ser Val Ile Pro Val Phe Gly Arg Pro Asn Tyr Ala
1 5 10
Gly Trp Ile Asp Pro Asn Ser Gly Gly Thr Asn Tyr Ala
1 5 10
Gly Trp Met Asn Pro Asn Ser Gly Asn Thr Gly Tyr Ala
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Glu Ala Arg Tyr Ser
1 5 10
Gly Met Ile Asn Pro Gly Gly Gly Asn Thr Asn Tyr Ala
1 5 10
Gly Trp Met Asn Pro Asn Ser Gly Asn Thr Gly Tyr Ala
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Gly Thr Thr Arg Tyr Ser
1 5 10
Gly Val Ile Asn Thr Gly Gly Gly Ser Val Thr Tyr Ala
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Glu Thr Arg Tyr Ala
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Glu Thr Arg Tyr Ser
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Glu Thr Arg Tyr Ser
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Glu Thr Arg Tyr Ser
1 5 10
Gly Trp Ile Asn Pro Asn Ser Gly Ala Thr Lys Tyr Ala
1 5 10
Gly Gly Ile Ile Pro Thr Leu Gly Thr Ala Asn Tyr Ala
1 5 10
Gly Gly Ile Val Pro Phe Ser Gly Thr Thr Asn Phe Ala
1 5 10
Ala Met Ile Val Pro Arg Gly Gly Ser Thr Thr Tyr Ala
1 5 10
Gly Trp Ile Asp Pro Asn Ser Gly Gly Thr Asn Tyr Ala
1 5 10
US 11,034,762 B1
187 188
- continued
< 210 > SEQ ID NO 221
< 211 > LENGTH : 13
< 212 > TYPE : PRT
< 213 > ORGANISM : Artificial Sequence
< 220 > FEATURE :
< 223 > OTHER INFORMATION : Description of Artificial Sequence : Synthetic
peptide
< 400 > SEQUENCE : 221
Gly Ile Ile Tyr Pro Gly Asp Ser Glu Thr Arg Tyr Ala
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Glu Thr Arg Tyr Ala
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Thr Thr Asn Tyr Ser
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Glu Thr Asn Tyr Ser
1 5 10
Gly Trp Met Asn Pro Asn Ser Gly Asn Thr Gly Tyr Ala
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Gly Glu Thr Arg Tyr Ser
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Thr Thr Arg Tyr Ser
1 5 10
Gly Trp Ile Asn Pro Asn Ser Gly Gly Thr Lys Tyr Ala
1 5 10
Gly Gly Ile Ile Pro Ile Phe Gly Thr Ala Asn Tyr Ala
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Glu Thr Arg Tyr Ser
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Gly Glu Thr Arg Tyr Ser
1 5 10
Gly Trp Ile Asn Pro Asn Ser Gly Gly Thr Asn Tyr Ala
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Gly Glu Ala Arg Tyr Ser
1 5 10
Gly Val Ile Asn Thr Gly Gly Gly Ser Val Thr Tyr Ala
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Glu Thr Arg Tyr Ser
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Glu Thr Arg Tyr Ser
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Glu Thr Arg Tyr Ser
1 5 10
US 11,034,762 B1
193 194
- continued
Gly Gly Ile Ile Pro Thr Leu Gly Thr Tyr Asn Tyr Ala
1 5 10
Gly Gin Ile Asn Pro Ser Gly Asp Ser Thr Arg Tyr Ala
1 5 10
Gly Ile Ile Tyr Pro Gly Asp Ser Thr Ala Arg Tyr Ser
1 5 10
Gly Trp Ile Asn Pro Asn Ser Gly Gly Thr Asn Tyr Ala
1 5 10
Gly Trp Met Asn Pro Tyr Ser Gly Asn Thr Gly Tyr Ala
1 5 10