Ex parte RITTERSHAUS - Page 5




              Appeal No. 2000-1812                                                                                        
              Application No. 08/432,483                                                                                  

              administered to a mammal raise an antibody response against the mammal’s own                                
              endogenous CETP.  These peptides are described as being comprised of a helper T cell                        
              epitope portion linked to a B cell epitope portion comprised of all or a portion of the                     
              carboxyl terminal portion of human CETP protein.                                                            
                                                  Claim Interpretation                                                    
                     Claim 1 is directed to an isolated antigenic hybrid peptide comprising a T cell                      
              epitope portion linked to a B cell epitope portion wherein the B cell epitope comprises six                 
              to 26 consecutive amino acids of the carboxyl terminal 26 amino acids of human                              
              cholesteryl ester transfer protein.  This 26 amino acid sequence is defined in SEQ ID NO:                   
              1 of the specification.  Claim 2 is directed to the isolated antigenic hybrid peptide but                   
              further provides that the T cell epitope portion is selected from a defined group which                     
              includes tetanus toxoid, among other T cell epitopes.  Claim 5 is directed to an isolated                   
              antigenic hybrid peptide comprising the amino acid sequence of SEQ ID NO: 2.  As noted                      
              by the examiner (Answer, page 8) “[c]laim 5 is not limited to conjugates consisting of just                 
              the 16 amino terminal residues of CETP."  The use of the term comprising in claim 5                         
              opens up the claim to read upon a peptide comprising the 16 mer but also containing                         
              additional CETP residues.  Claim 11 is directed to a method of elevating the ratio of                       
              circulating HDL to circulating LDL, VLDL or total cholesterol in an animal or human by                      
              administering to the animal or human an antigenic vaccine hybrid peptide of the type                        
              claimed in claim 1.  Claim 29 is directed to a method of treating atherosclerosis in a                      

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