Appeal No. 1997-0473
Application No. 07/870,985
The references relied on by the examiner are listed below:
Webster’s New World Dictionary of American English, Third College Edition,
V. Neufeldt and D.B. Guralink eds., Simon & Schuster, Inc., New York, NY, p. 691
(1988)
Cohen, “Immunization,” Basic & Clinical Immunology, Stites et al., eds., Lange Medical
Publications, Los Altos, Ca., 4th edition, Chp. 39, pp. 703-706 (1982)
Bradley et al. (Bradley), “Enterically transmitted non-A, non-B hepatitis: Serial passage of
disease in cynomolgus macaques and tamarins and recovery of disease-associated 27-
to 34-nm viruslike particles,” Proc. Natl. Acad. Sci., Vol. 84, pp. 6277-3281 (1987)
Grounds of Rejection
Claims 15 - 18 and 20 stand rejected under 35 U.S.C. § 112, first paragraph, as
being based on a non-enabling disclosure. As evidence the examiner relies on Webster’s
New World Dictionary of American English, Third College Ed. and Cohen
Claims 15 - 18 and 20 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies on Cohen and Bradley.
We reverse the rejection under 35 U.S.C. § 103 and vacate the rejection under 35
U.S.C. § 112, first paragraph, for the reasons set forth herein.
Background
Applicants describe their invention, as presently claimed, at pages 4-5 of the
Specification as being directed to a method of preventing or treating a hepatitis E virus
(HEV) infection in an individual by administering, thereto, an antibody vaccine composition
capable of neutralizing HEV infection as evidenced by the ability of the composition to
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