Appeal No. 1996-0160
Application 07/898,691
Rudinger, “Characteristics of the Amino Acids as Components of a Peptide Hormone
Sequence,” Peptide Hormones, University Park Press, Baltimore, MD, pp. 1-7 (1976).
Pert et al. (Pert), “Octapeptides Deduced from the Neuropeptide Receptor-Like Pattern of
Antigen T4 in Brain Potently Inhibit Human Immunodeficiency Virus Receptor Binding and
T-cell Infectivity,” Proceedings of the National Academy of Sciences, USA, Vol. 83, pp.
9254-58 (Dec. 1986).
Corbin et al. (Corbin), ”Intranasal Peptide T Treatment in TSP/HAM: Preliminary Results of
a Small Pilot Study,” 5th International Conference on Human Retrovirology,
Kamamoto, Japan, May 11-13, 1992 (Abstract).
The claims stand rejected as follows:3
I. Claims 1 through 5, 7, 9 through 12, 14 through 17 and 19 through 22
and 24 stand rejected under 35 U.S.C. § 112, first paragraph, as being based on a
specification which fails to provide an enabling disclosure.
II. Claims 1 through 5, 7, 10 through 12, 15 through 17 and 20 through 22 stand
rejected under 35 U.S.C. § 112, first paragraph, because the specification, as originally
filed, does not provide support for (i) the “ester derivative in claims 2-3,” and (ii) the phrase
7 4
“R may be any amino acid,” set forth in claim 1. Answer, p. 7.
3The rejection of claims 1 through 5, 7, 9 through 12, 14 through 17, 19 through 22
and 24 under 35 U.S.C. § 103 as being unpatentable over Ruff, Pert, Buzy, Mayer, Bridge,
or Heseltine alone, or optionally in view of Wu or Rodgers-Johnson I and Rodgers-Johnson
II set forth on pp. 8-10 of the Answer (Paper No. 25), was withdrawn in the first
supplemental Examiner’s Answer (Paper No. 29). Accordingly, we have not addressed
this issue in our decision.
4At oral argument, counsel for the appellants was not aware that this rejection was
still pending in the application. We have carefully reviewed the examiner’s Answer (Paper
No. 25) and supplemental Answers (Paper Nos. 29 and 34) ; however, we do not find any
indication that the rejection was withdrawn.
3
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007