Ex parte ESSEX et al. - Page 3




                Appeal No. 95-2419                                                                                                          
                Application 07/850,770                                                                                                      


                Greene, “AIDS and the Immune System, Scientific American, pp. 99-105 (Sept. 1993).                                          
                Brown, AIDS Vaccine Trials Viewed With Caution,” The Washington Post Newspaper                                              
                (June 10, 1993).                                                                                                            
                        Three documents of record which this merits panel discusses are:                                                    
                Dirckx et al. (Dirckx), “Mutation of conserved N-glycosylation sites around the CD-4                                        
                binding site of human immunodeficiency virus type 1 GP120 affects viral infectivity,”                                       
                Virus Research, Vol. 18, pp. 9-20 (1990).                                                                                   
                Bolmstedt, et al., (Bolmstedt), “Effects of mutations in glycosylation sites and disulphide                                 
                bonds on processing, CD4-binding and fusion activity of human immunodeficiency virus                                        
                envelope glycoproteins,” Journal of General Virology, Vol. 72, pp. 1269-77 (1991).                                          
                Lee et al. (Lee), “Non-random distribution of gp120 N-linked glycosylation sites important                                  
                for infectivity of human immunodeficiency virus type 1,”  Proc. Natl. Acad. Sci., USA, Vol.                                 
                89, pp. 2213-17 (Mar. 1992).                                                                                                
                        The only rejection remaining in the appeal is that of claims 11 and 12 under                                        
                35 U.S.C. § 112, first paragraph (enablement).  See pages 4-8 of the Supplemental                                           
                Examiner's Answer.  We affirm.  In addition, we raise other issues which the examiner                                       
                should consider upon return of the application.                                                                             


                                                             DISCUSSION                                                                     
                        By way of background, we refer to the paragraph bridging pages 2-3 of the                                           
                supporting specification where appellants explain the basis of the present invention:                                       





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