Ex parte CONE et al. - Page 2




                 Appeal No. 95-2710                                                                                                                     
                 Application 08/011,837                                                                                                                 


                 from consideration by the examiner as being directed toward a                                                                          
                 nonelected invention.                                                                                                                  
                                                                THE INVENTION                                                                           
                          Appellants’ claimed invention is directed toward methods                                                                      
                 for prophylaxis in a female mammal and for passively                                                                                   
                 immunizing skin surfaces and mucus epithelial surfaces, by                                                                             
                 introducing into the vaginal cavity or uterus of the female                                                                            
                 mammal, or applying to the skin or mucus epithelial surfaces,                                                                          
                 at least one pan semen antibody which is capable of binding,                                                                           
                 directly or indirectly, to cells and pathogens in semen,                                                                               
                 thereby trapping the cells and pathogens in semen.                                        2                                            
                 Appellants state that the methods are useful for contraception                                                                         
                 and prophylaxis against sexually transmitted diseases                                                                                  
                 (specification, page 1, lines 7-11).  Claims 52 and 58 are                                                                             
                 illustrative and read as follows:                                                                                                      
                          52. A method of prophylaxis in a female mammal which                                                                          
                 comprises continuously introducing into the vaginal cavity or                                                                          
                 uterus of said female mammal, over a prolonged period of time                                                                          
                 at a controlled rate a prophylactically effective amount of at                                                                         

                          2According to appellants’ specification (page 16, lines                                                                       
                 29-32), pan semen antibodies are “antibodies that not only                                                                             
                 immobilize sperm in semen but also immobilize virtually all                                                                            
                 other cells in semen by coaggulating [sic, coagulating] them                                                                           
                 with the sperm.”                                                                                                                       
                                                                         -2-2                                                                           





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