Appeal No. 1995-1993
Application 07/661,370
to 37 CFR § 1.142(b). Claims 1, 6, 20 and 56 have been canceled. Claims 2 and 5 are
representative of the subject matter on appeal and read as follows:
2. A substantially pure recombinant FIV 0.4 envelope protein obtained from
cells infected with FIV.
5. A plasmid comprising a DNA sequence coding for a FIV 0.4 envelope
protein.
The references relied on by the examiner are:
Pedersen et al. (Pedersen)5,037,753 Aug. 06, 1991
(effective filing date Aug. 26, 1987)
Watanabe et al. (Watanabe) 4,784, 941 Nov. 15, 1988
O’Connor et al. (O’Connor)0,351,248 Jan. 17, 1990
Kieny et al. (Kieny) WO 87/06260 Oct. 22, 19872
Talbott et al. (Talbott), “Nucleotide Sequence and Genomic Organization of Feline
Immunodeficiency Virus, Proceedings of the National Academy of Sciences, USA,
Vol. 86, pp. 5743-5743 (1989).
Starcich et al. (Starcich), “Identification and Characterization of Conserved and Variable
Regions in the Envelope Gene of HTLV-III/LAV, the Retrovirus of AIDS,” Cell, Vol. 45, pp.
637-48 (1986).
Pauletti et al. (Pauletti), “Application of a Modified Computer Algorithm in Determining
Potential Antigenic Determinants Associated with the AIDS Virus Glycoprotein,”
Analytical Biochemistry, Vol. 151, pp. 540-546 (1985).
2Throughout prosecution the examiner has relied on his own personal translation of
this reference, but has never obtained a certified translation. Had he done so, the
examiner would have discovered that Kieny has a U.S. patent on the subject matter which
was originally published as WO 87/06260. In our decision, we have relied on the
disclosure of U.S. patent 5,169,763. [Copy attached.]
2
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