Appeal No. 94-3187
Application 07/939,556
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1, 4
through 9 and 12 through 15, all the claims in the application.
Claims 1, 6, 12 and 15 are illustrative of the subject matter on appeal and read as
follows:
1. A genetically reassorted virus grown in cell culture in sufficient quantities to be
useful for vaccine preparation without need of further multiplication, said virus being
derived from an equine influenza virus and the human influenza virus A/Puerto Rico/8/34
which reassorted virus comprises RNA derived from the equine influenza virus coding for
at least one neuraminidase or haemagglutinin surface antigen and the RNA segment
derived from A/Puerto Rico/8/34 which codes for matrix protein.
6. A process for the preparation of a genetically reassorted virus comprising the
steps of:
(a) allowing (i) equine influenza virus and (ii) the human influenza virus strain
A/Puerto Rico/8/34 or a virus comprising the RNA 7 segment thereof to grow under
conditions in which genetic reassortment can take place,
(b) selecting for genetically reassorted viruses having surface antigens from only the
equine virus and having the RNA 7 segment derived from the A/Puerto Rico/8/34 virus,
and
(c) growing those said reassortants from step (b) in cell culture.
12. A vaccine for equine influenza comprising an effective vaccination amount of
attenuated genetically reassorted virus grown in cell culture and derrived [sic] from either or
both of Eq1 and Eq2 equine influenza virus and the human influenza virus A/Puerto
Rico/8/34, which reassorted virus comprises RNA derived from the equine influenza virus
coding for at least one neuramidase or haemagglutinin surface antigen and an RNA
segment derived from A/Puerto Rico/8/34, which codes for matrix protein in association
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Last modified: November 3, 2007