Ex parte RHODES - Page 2




              Appeal No.  1997-3019                                                                                       
              Application No. 08/404,122                                                                                  

                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1 through                 
              8, 10 and 11, all the claims remaining in the application.                                                  
                     Claims 1, 4, 10 and 11 are representative of the subject matter on appeal:                           
                     1.  A vaccine formulation comprising an antigenic component and, as an adjuvant                      
              component, neuraminidase and galactose oxidase.                                                             
                     4.  A formulation according to claim 1, in which the ratio of neuraminidase to                       
              galactose oxidase in terms of units of activity is from 1:2 to 1:10.                                        
                     10.  A vaccine adjuvant comprising neuraminidase and galactose oxidase.                              
                     11.  A method of inducing immunity in a patient comprising administering to said                     
              patient said vaccine formulation according to claim 1 in an amount sufficient to induce said                
              immunity.                                                                                                   
                     The references relied upon by the examiner are:                                                      
              Knop et al. (Knop)                  4,510,129                           Apr. 9, 1985                        
              UK Patent Spec.                     1,569,003                           Jun. 11, 1980                       
              Lipkowitz et al. (Lipkowitz), “Cellular and Growth Factor Requirements for Activation of                    
              Human T Lymphocytes by Neuraminidase and Galactose Oxidase-Treated Lymphoid                                 
              Cells,” Journal of Immunology, Vol. 130, No. 6, pp. 2702-2707 (June 1983)                                   
              Roitt et al. (Roitt), “Figure 8.8, Overview of the Immune Response,” in Immunology, Gower                   
              Medical Publishing, New York, p. 8.3 (1985)                                                                 
              Rhodes, “Evidence for an Intercellular Covalent Reaction Essential in Antigen-Specific T Cell               
              Activation,” Journal of Immunology, Vol. 143, No. 5, pp. 1482-1489 (September 1,1989)                       
              Sigma Chemical Company Catalog, “Galactose Oxidase,” p. 630 (1989)                                          
              Ada, “Modern Vaccines - The Immunological Principles of Vaccination,” The Lancet, Vol. 335,                 
              pp. 523-526 (March 3, 1990)                                                                                 


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