Appeal No. 1995-1993
Application 07/661,370
Modrow et al. (Modrow), “Computer-Assisted Analysis of Envelope Protein Sequences of
Seven Human Immunodeficiency Virus Isolates: Prediction of Antigenic Epitopes in
Conserved and Variable Regions,” Journal of Virology, Vol. 61, pp. 570-578 (1987).
Colasanti et al. (Colasanti), “The Escherichia coli rep Mutation. X. Consequences of
Increased and Decreased Rep Protein Levels, Molecular and General Genetics, Vol.
209, pp. 382-90 (1987).
The references relied on by the appellants are:
Olmsted et al. (Olmsted I), “Molecular Cloning of Feline Immunodeficiency Virus,”
Proceedings of the National Academy of Sciences, USA, Vol. 86, pp. 2448-2458
(1989).
Olmsted et al. (Olmsted II), “Nucleotide Sequence Analysis of Feline Immunodeficiency
Virus: Genome Organization and Relationship to Other Lentiviruses,”
Proceedings of the National Academy of Sciences, USA, Vol. 86, pp. 8088-92
(1989).
The claims stand rejected as follows:
Claims 2 through 5, 7 through 10, 22 through 28 and 57 stand rejected under
35 USC § 103 as being unpatentable over Talbott, Pedersen and Kieny in view of
Starcich, Pauletti, Modrow, Watanabe and Colasanti.
Claim 54 stands rejected under 35 USC § 103 as being unpatentable over Talbott,
Pedersen, Kieny, Starcich, Pauletti, Modrow, Watanabe and Colasanti in view of
O’Connor.
We have carefully considered the entire record which includes, inter alia, the
specification, the appellants’ brief (Paper No. 27), the examiner’s Answer (Paper No. 28),
and the declaration of Dr. Young (Paper No. 17), and we find ourselves in substantial
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