Ex parte RITTERSHAUS - Page 8



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

              human cholesteryl ester transfer protein, and identifies and prepares certain monoclonal                    
              antibodies which bind to a portion of the 26 amino acid carboxyl terminus of CETP, as well                  
              as performing studies to evaluate the inhibitory effects on CETP activity when the                          
              monoclonal antibodies bind the CETP molecule, the reference does not provide a reason                       
              suggestion which would direct one of ordinary skill in this art to link any particular part of the          
              CETP molecule with a T cell epitope such as those described by Valmori.  It would                           
              reasonably appear that Swenson has successfully generated antibodies in mice using the                      
              intact CETP protein.  Given Swenson's described success in generating one or more                           
              antibodies to CETP, there is nothing which would lead one to select a portion of the CETP                   
              molecule to be used in combination with a T cell epitope of Valmori for the purpose of                      
              generating additional antibodies.  While Valmori might be read to suggest the use of T cell                 
              epitopes in combination with foreign antigens to assist in obtaining an antibody response                   
              in a human, there is nothing on this record which would reasonably suggest attempting to                    
              generate any type of immune response to CETP in a human.  With regard to other animals,                     
              such as mice, Swenson already has a system which is demonstrated to be effective at                         
              generating antibodies in mice using the whole CETP protein and thus does not appear to                      
              need the assistance which would be provided by using the T cell epitopes provided by                        
              Valmori.  Further, the examiner has provided no evidence which would reasonably suggest                     
              the incorporation of such an antigenic peptide into a vaccine composition as claimed in                     
              claims 6, 7, and 8.                                                                                         
                     Thus, the examiner has provided teachings relating to the components of the                          
              claimed invention which, if properly combined or modified, could be used to arrive at the                   

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