Ex Parte MONTAGNIER et al - Page 4



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

                 Page 8, lines 10-15.  The specification also provides the following description of                   
                 the other proteins detected by denaturing polyacrylamide gel electrophoresis:                        
                        The viral origin of other proteins seen in polyacrylamide gel                                 
                        electrophoresis of purified virus is more difficult to assess.  A p15                         
                        protein could be seen after silver staining, but was much weaker                              
                        after 35S-methionine perhaps due to the paucity of this amino-acid                            
                        in the protein.  In the higher MW range, a contamination of the virus                         
                        by cellular proteins, either inside or outside the viral envelope, is                         
                        likely.  A 36K and a 42K protein and a 80K protein were constantly                            
                        found to be associated with the purified virus and may represent                              
                        the major envelope proteins.                                                                  
                 Page 8, lines 21-31.                                                                                 
                        The specification teaches the use of extracts of viral proteins for                           
                 diagnosing AIDS.  “The invention further relates to a method of in vitro diagnosis                   
                 of LAS or AIDS, which comprises contacting a serum or other biological medium                        
                 from a patient to be diagnosed with a viral extract . . . and detecting the                          
                 immunological reaction.”  Page 10, line 30 to page 11, line 2.  The viral extracts                   
                 useful in this assay are defined at page 9, lines 1-4:  “The invention concerns                      
                 more particularly the extracts of said virus as soon as they can be recognized                       
                 immunologically by sera of patients afflicted with LAS or AIDS.”                                     
                        The specification teaches that it is the presence in a viral extract of the                   
                 p25 core protein, not the higher molecular weight envelope proteins, that                            
                 determines whether the extract is recognized immunologically by patient sera.                        
                 See page 9, lines 8-20:                                                                              
                        As a matter of fact and except under exceptional circumstances,                               
                        sera of diseased patients do not recognize the intact LAV1 virus. . . .                       
                        The envelope proteins of the virus appeared as not detectable                                 
                        immunologically by the patients’ sera.  However as soon as the                                

                                                          4                                                           



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007