Appeal No. 2002-1545 Page 3
Application No. 08/949,757
Naso et al. (Naso), “Polysaccharide conjugate vaccines for the prevention of
gram-positive bacterial infections,” Adv. Exp. Med. Biol., Vol. 397, pp. 133-140
(1996)
Claims 1-6, 27, 31-39 and 42 stand rejected under 35 U.S.C. § 112, first
paragraph, on the grounds that the specification fails to enable one to make and
or use the invention commensurate in scope with the claims, and on the grounds
that the specification fails to provide an adequate written description of the
claimed subject matter.
Claims 1, 4, 27 and 35-38 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Wessman; as being anticipated by Moreau; as being
anticipated by Prichard; and as being anticipated by Aluyi. In addition, claims 1,
4, 27 and 33-38 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
Kitada.
Claims 1-6 and 39 stand rejected under 35 U.S.C. § 103(a) as being
obvious over the combination of Kitada and Blake or Dick or Naso. Claims 1-6
and 39 also stand rejected under 35 U.S.C. § 103(a) as being obvious over the
combination of Aluyi or Pritchard or Moreau or Wessman and Blake or Dick or
Naso. Finally, claims 31, 32 and 42 stand rejected under 35 U.S.C. § 103(a) as
being obvious over the combination of Aluyi or Pritchard or Moreau or Wessman
or Kitada as combined with Blake, Hawke and Foster.
After careful review of the record and consideration of the issues before
us, we reverse all of the rejections of record.
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