Appeal No. 93-3114
Application 07/825,465
Abe describes methods for immunizing mice against
Fusobacterium necrophorum. In one method affording protection
against the bacterium to a degree of 54.1 to 77.5%, a vaccine
formulated from formaldehyde (0.4%)-inactivated Fusobacterium
necrophorum cells and an aluminum hydroxide adjuvant was
administered to mice by intraperitoneal (IP) injection (Abe,
p. 115, Summary (col. 1) and Materials and Methods, Vaccine
Preparation (col. 2); and pp. 116-117, bridging paragraph).
Abe found that vaccine toxicity is a major factor in preparing
Fusobacterium necrophorum vaccines (Abe, pp. 117-118,
Discussion) and proffered an improvement on procedures which
had previously utilized alum-precipitated toxoids of F.
necrophorum to reduce the incidence of hepatic abscesses in
cattle in light of this major factor (Abe, p. 115, col. 1,
last full sentence).
Nelson teaches (Nelson, col. 2, lines 45-50; emphasis
added):
Gram-negative bacterial cells devoid of
o-carbohydrate side-chains can be inactivated by
boiling or treatment with anti-bacterial agents
such as formaldehyde (0.2 percent v/v), beta-
propriolactone [sic], or antibiotics. The preferred
method to inactivate the cells is with formaldehyde.
The record establishes and accordingly we find that
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