Appeal No. 1997-3019
Application No. 08/404,122
material for injection may be from 0.1 to 25 units. It does not appear that any reference of
record describes a composition within the specified ranges, but it is not clear whether
NAGO is capable of functioning as a vaccine adjuvant outside these ranges.
The relevant question, then, is whether any of the NAGO formulations already known
in the art are capable of enhancing immune response to an antigen in vivo. Should that be
the case, then the recitation “[a] vaccine adjuvant” would be insufficient to distinguish the
composition of claim 10 from NAGO formulations known in the prior art.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Douglas W. Robinson )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Toni R. Scheiner )
Administrative Patent Judge )
10
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