Appeal No. 2001-2316 Page 4
Application No. 08/187,879
SIV239.sgp110, in a physiologically acceptable carrier,
wherein said multiple administrations comprise at least a
gene gun administration of one of the DNA plasmid vectors
to the skin of the mammal, whereby the SIV infected cells
are reduced in the mammal as a result of SIV antigen
expression by the administered plasmid vectors; and
(II) A method of reducing HIV [human immunodeficiency virus]
infected cells in a mammal, the method comprising
administering to said mammal multiple administrations of a
mixture of DNA plasmid vectors: pCMV/HIV-1-NL4-3.dpol,
pCMV/HIV-1-HXB-2.env, pCMV/HIV-NL4-3env, Jw4303/HIV-
1-HXB-2.sgp120, and JW4303/HIV-1-HXB-2.sgp140, in a
physiologically acceptable carrier, wherein said multiple
administrations comprise at least a gene gun administration
of one of said DNA plasmid vectors to the skin of said
mammal, whereby the HIV infected cells are reduced in the
mammal as a result of HIV antigen expression by the
administered plasmid vectors.
As the examiner explains (Answer, page 9), given its broadest reasonable
interpretation, claim 44 encompasses a method of immunizing any mammal,
including humans, against SIV or HIV by administering any DNA encoding any
SIV or HIV antigen so as to generate a “complete” protective response against
an infection of any SIV or HIV strain. In support of the examiner’s construction of
claim 44 we note that appellants define the term “immunizing” in the context of
the protective response sought. For example, at page 7 of the specification,
appellants disclose, “[t]he term “immunizing” refers herein to the production of an
immune response in a vertebrate which protects (… totally) from the
manifestations of infection (i.e., disease) caused by an infectious agent. That is,
a vertebrate immunized by the present invention will not be infected...” by SIV or
HIV.
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