Appeal No. 94-2208
Application 07/756,346
REMAND TO THE EXAMINER
We remand this application to the examiner to consider the following issues and
take appropriate action.
The following claims are representative of the subject matter on appeal:
9. A subunit vaccine against Chlamydia infection comprising: (1) an essentially
pure polypeptide fraction of Chlamydia psittaci strain DD-34, wherein said fraction
comprises a polypeptide having a molecular weight of about 96 kilodaltons and optionally
other polypeptides having molecular weights ranging from about 40 to 140 kilodaltons; and
(2) a pharmaceutically acceptable carrier.
11. The vaccine of Claim 9 consisting essentially of said 96 kilodalton polypeptide.
12. A subunit vaccine against Chlamydia infection comprising polypeptides of
Chlamydia psittaci strain DD-34, wherein said polypeptides are reactive with antibody
secreted by hybridoma ATTC No. HB10861.
13. A method of immunizing a subject against Chlamydia comprising administering
an effective amount of the vaccine of Claim 9.
A
Claims 9 through 16 are rejected at pages 3-6 of the Examiner’s Answer (Paper
No. 8, mailed April 30, 1993) under 35 U.S.C. § 112, first paragraph, as “lacking sufficient
description or enablement.” The written description requirement of this section of the
statute is separate and apart from the enablement requirement of this section of the
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