Appeal No. 93-3114
Application 07/825,465
propiolactone-inactivated F. necrophorum to formaldehyde-
inactivated F. necrophorum. Absent objective evidence of
record establishing that B-propiolactone-inactivated F.
necrophorum is unexpectedly superior to formaldehyde-
inactivated F. necrophorum “for treating cattle and sheep to
prevent foot rot or liver necrosis” (Claim 1), we are obliged
to affirm the examiner’s rejection of the claimed subject
matter under 35 U.S.C. § 103. Finally, we note the statement
on page 3, lines 23-26, of the specification that:
Applicant has found, however, through challenge
studies conducted in mice that BPL inactivated,
adjuvanted cultures can protect mice against
experimental challenge with heterologous isolates
of F. necrophorum.
With the above statement noted, we also note that the process
of Claim 1 on appeal does not require inclusion of an
adjuvant.
3. Conclusion
We affirm the examiner’s final rejection of Claims 1-8
under 35 U.S.C. § 102(b).
We affirm the examiner’s final rejection of Claims 1-8
under 35 U.S.C. § 102(f).
We affirm the examiner’s final rejection of Claims 1-8
under 35 U.S.C. § 103.
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