Appeal No. 93-3114
Application 07/825,465
This is an appeal from an examiner’s rejections of
Claims 1-8, all claims pending in this application. Claims 1-
8 stand finally rejected under 35 U.S.C. § 102(b) as drawn to
a process which purportedly is described by Maas, Synthea
(Maas), “The Immune Responses of Mice and Cattle to
Fusobacterium Necrophorum,” A Dissertation Presented to the
Faculty of the Graduate School, University of Missouri-
Columbia, Berg, John N, Dissertation Supervisor, pages 1-215,
August 1986. Claims 1-8 stand finally rejected under 352
U.S.C. § 102(f) as drawn to a process which John N. Berg did
not himself invent. Claims 1-8 also stand finally rejected
under 35 U.S.C. § 103 as unpatentable over the combined
teachings of Abe et al. (Abe), “Immunization
of Mice Against Fusobacterium necrophorum Infection by
Parenteral or Oral Administration of Vaccine,” American
Journal of Veterinary Research, Vol. 39, No. 1, pp. 115-118
(January 1978); Nelson, U.S. 4,789,544, patented December 6,
1988; and Adam,
U.S. 4,061,751, patented December 6, 1977.
All claims stand or fall together (Appeal Brief, p. 4;
2 Appellant does not contest the examiner’s holding
that Maas is prior art under 35 U.S.C. § 102(b).
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