Appeal No. 2002-1545 Page 10
Application No. 08/949,757
components in the same molar ratio, from a Streptococcal
bacterium and therefore anticipates the now claimed invention.
Examiner’s Answer, page 8.
Appellants acknowledge that Enterococcus was formerly known as
Streptococcus, but that only Streptococcus having the group D antigen, i.e.,
Streptococcus D, were placed in the Enterococcus genus. Appellants cite Ruoff
and Deibel to support their contention that Enterococcus differ significantly from
the other groups of Streptococcus. See Revised Brief on Appeal, pages 12-13.
According to Appellants, “[t]he antigens characterized in Wessman are the group
antigens for P and U streptococci, respectively, while the presently claimed
antigen is characteristic of a subgroup of clinical isolates of one species of
Enterococcus, E. faecalis.” Id. at 14 (emphasis in original).
The examiner acknowledges that Streptococcus and Enterococcus
significantly differ, but contends that they are similar is sharing cross-reactive
antigenic determinants. See Examiner’ Answer, page 24. The examiner asserts
that “[a]ny antigen that contains these sugars in the claimed amounts would read
on the claimed antigen. The presence of cross reactive carbohydrate epitopes,
despitegenetic divergence between genera, defined shared carbohydrate
antigens between different genera of bacteris.” Id. at 25. The examiner also
asserts that “[n]o side by side comparison has been provided. No evidence has
been made of record to show that the antigen of the prior art does not induce
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007