Appeal No. 94-3187
Application 07/939,556
reassorted virus contains RNA derived from the equine influenza virus coding for at least
one neuraminidase or hemagglutinin surface antigen and the RNA segment from PR8
which codes for matrix protein. As set forth in the abstract of this application, appellant
found that these reassortments will grow in cell culture even though the equine influenza
virus used as a parent will not.
The ability of the present reassorted virus to grow in cell culture is discussed at
page 3, lines 4-9, of the specification as follows:
It has now surprisingly been found that if an equine influenza
virus is genetically reassorted to produce a virus containing
certain RNA derived from A/Puerto Rico/8/34, the genetically
reassorted virus is able to grow in cell culture. There is no
clear correlation between having a high yield in eggs and the
ability to grow in cell culture, and there is no teaching in the
prior art to suggest that a virus which grows well in eggs is
likely to grow in cell culture.
and at page 4, lines 3-14, of the specification as follows:
The involvement of matrix protein in general in virus growth
in cell culture was suggested by Bosch et al, ( in Negative
Strand Viruses and the Host Cell (1978), Academic Press,
edited by B. W. J. Mahy and others, page 465). However, this
paper relates to the growth of fowl plague virus (FPV) and no
mention is made of equine influenza virus. In view of the well
known difficulty in making predictions about the behaviour of
one type of influenza virus based on observations of another,
this distinction is by no means trivial. See, for example
Scholtissek et al, Virology (1977) 81 74-80, which illustrates
the proposition that apparently small changes between
influenza viruses have profound effects. This is amplified by
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