Appeal No. 94-3187
Application 07/939,556
with a veterinary acceptable carrier which can contain an adjuvant suitable for use as
vehicle to introduce the attenuated virus into the animal.
15. A method of vaccinating a horse against influenza by administration to the
horse of an effective amount of (a) one, or (b) a primary followed by a secondary dosage
with an interval of about 3 to about 7 weeks between doses of a genetically reassorted
virus derived from equine influenza virus, attenuated and formulated with a veternary [sic]
acceptable carrier which can contain an adjuvant as a vaccine according to claim 12.
The references relied upon by the examiner are:
Coggins et al. (Coggins) 4,683,137 July 28, 1987
Bosch et al. (Bosch), "RNA and Protein Synthesis in a Permissive and an Abortive
Influenza Virus Infection," in “Negative Strand Viruses and the Host Cell,” eds. Mahy et al.,
Academic Press, pp. 465-473 (1978).
Baez et al. (Baez), "Gene Composition of High-Yielding Influenza Vaccine Strains
Obtained by Recombination," The Journal of Infectious Diseases, vol. 141, pp. 362-365
(1980).
Brundage-Anguish et al. (Brundage-Anguish), "Live Temperature-Sensitive Equine
Influenza Virus Vaccine: Generation of the Virus and Efficacy in Hamsters," Am. J. Vet.
Res., vol. 43, pp. 869-874 (1982).
Claims 1, 4 through 9 and 12 through 15 stand rejected under 35 U.S.C. § 103 as
unpatentable over either Coggins or Brundage-Anguish taken in view of Baez and Bosch.
We reverse.
BACKGROUND
The present invention is directed to genetically reassorted viruses derived from an
equine influenza virus and the human influenza virus A/Puerto Rico/8/34 (PR8). The
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