Ex Parte MONTAGNIER et al - Page 3



                 Appeal No. 2000-1929                                                                                 
                 Application No. 08/019,297                                                                           

                                                    Background                                                        
                        Appellants’ specification discloses immunoassays for diagnosis of                             
                 acquired immune deficiency syndrome (AIDS).1  The present application claims                         
                 the benefit of priority under 35 U.S.C. §§ 119 and 120 to applications dating back                   
                 to 1983.  The specification discloses the isolation of the AIDS virus, referred to in                
                 the specification as LAV1.  See, e.g., page 3, lines 27-28.                                          
                        The specification also discloses some information about the viral proteins.                   
                 See pages 7-8:                                                                                       
                        In order to determine which viral antigen was recognized by                                   
                        antibodies present in the patient’s sera, several                                             
                        immunoprecipitation experiments were carried out.  Cord                                       
                        lymphocytes infected with virus from patient 1 and uninfected                                 
                        controls were labelled with [35S]methionine for 20 hours.  Cells were                         
                        lysed with detergents. . . .  Labelled virus released into the                                
                        supernatant was banded in a sucrose gradient.  Both materials                                 
                        were immunoprecipitated by antiserum to HTVL-1 [sic, HTLV-1]                                  
                        p24, by serum from patient 1, and by serum samples from healthy                               
                        donors.  Immunocomplexes were analyzed by polyacrylamide gel                                  
                        elctrophoresis [sic] under denaturing conditions.  A p25 protein                              
                        present in the virus-infected cells from patient 1 and in LC1 cells                           
                        infected with this virus was specifically recognized by serum from                            
                        patient 1.                                                                                    
                        The specification discloses that the viral p25 protein is likely to be located                
                 in the viral core.                                                                                   
                        The main protein (p25) detected after purification of 35S-methionine-                         
                        labelled virus has a molecular weight of about 25,000 (or 25K).                               
                        This is the only protein recognized by the serum of patient 1.  By                            
                        analogy with other retroviruses, this major protein was considered                            
                        to be located in the viral core.                                                              


                                                                                                                      
                 1 The specification also refers to AIDS as “lymphadenopathy syndrome,” or “LAS.”                     

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