Ex parte CHAROENVIT et al. - Page 4




             Appeal No.  1999-1413                                                                                    
             Application 08/176,024                                                                                   

             declarations by Drs. Steven L. Hoffman (1st and 2nd declarations), Yupin Charoenvit, and                 
             Thomas F. McCutchan, which were attached to the original Brief.                                          
                    In the Examiner’s Answer, four rejections under 35 U.S.C. § 103 were withdrawn.                   
             No new grounds of rejection were made, and no Reply Brief was filed.                                     






             Background                                                                                               
                    Plasmodium vivax is one of the four species of parasite causing malaria in humans                 
             (specification, page 1).  Despite major efforts over at least 20 years, a commercially viable            
             malaria vaccine has not been achieved (page 2 of the December 28, 1993 amendment to                      
             the specification).  The present invention involves a monoclonal antibody, here designated               
             NVS3.  The monoclonal antibody has been described in the prior art (specification, page                  
             2). This antibody binds to an epitope within a repeated nine amino acid sequence of the                  
             circumsporozoite protein of P. vivax (specification, page 8).  Prior to the invention,                   
             recombinant proteins comprising the P. vivax repeated amino acid sequence failed to                      
             induce a significant protective effect in Saimiri monkeys in active immunization                         
             experiments (specification, pages 3-4).  An object of this invention is to provide passive               
             protection against P. vivax by administering the antibody to a subject, where the antibodies             



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