Appeal No. 94-2208
Application 07/756,346
B
To the extent that the rejection discussed above is based upon the enablement
requirement of 35 U.S.C. § 112, first paragraph, our review of the record leads us to
conclude that there are additional facts which the examiner should take into account. As
apparent from the claims reproduced above, the invention on appeal involves a subunit
vaccine against Chlamydia infection which comprises a polypeptide fraction of Chlamydia
psittaci strain DD-34 containing, at a minimum, a polypeptide having a molecular weight of
about 96 kilodaltons. The subunit vaccine may optionally contain other peptides having
molecular weights ranging from about 40 to about 140 kilodaltons. As explained in the first
paragraph of page 8 of the specification:
The high degree of antigenicity and cross reactivity of these polypeptides
gives evidence of their ability to stimulate a strong immune response when
purified and mixed with a suitable adjuvant. Since this is a subunit vaccine it
could be useful in several species of animals, and against several different
biovars of chlamydia, without the delayed type hypersensitivity reaction or
anamnestic responses reported with whole organism vaccines.
The first paragraph of Example 9 of the present specification which appears at page 18 of
the specification reads as follows:
The polypeptides used in the vaccine trials were isolated by sodium
dodecyl sulfate polyacrylamide gel electrophoresis. Polypeptides ranging
from a 40 to 140 kilodaltons of strain DD-34 were excised from the sodium
dodecyl sulfate polyacrylamide gel electrophoresis, electroeluted and
vacuum desiccated at room temperature to a reading of 446 on the dryness
scale. These polypeptides were selected to provide support and adhesion
for the antigenic 96 kilodalton polypeptide. The high degree of antigenicity
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