Ex parte DANIELS et al. - Page 4




              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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