Appeal No. 1996-1038
Application 07/922,492
Lin, Z. et al. “A New Typing Method for the Avian Infectious Bronchitis Virus Using
Polymerase Chain Reaction and Restriction Enzyme Fragment Length Polymorphism.”
Archives of Virology, Vol. 116, (1991), pp. 19-31. (Lin)
Binns, M.M. et al. “Cloning and Sequencing of the Gene Encoding the Spike Protein of the
Coronavirus IBV.” Journal of General Virology, Vol. 66, (1985), pp. 719-726. (Binns)
Claims 7 through 11 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon Lin and Binns. We reverse the examiner’s
rejection, and raise other issues for consideration by the examiner.
DISCUSSION
Lin discloses a typing method for infectious bronchitis virus (IBV) using polymerase
chain reaction (PCR) amplification of the S2 gene and restriction fragment length
polymorphism (RFLP) analysis of the amplified gene. Before conducting research on the
S2 gene of IBV, Lin examined both the S1 and S2 regions of the gene. On pages 22-23,
in the “Results” section, Lin states:
The major antigenic determinant of IBV is the viral surface glycoprotein
called spike (S) protein. S protein has been known to play an important role
in virus neutralization.
Therefore, we focused on the region of the S gene and first compared
four S sequences. Figure 1 shows the comparison results, in which the
number of nucleotides different from those present in the other three strains
was scored for every 20 nucleotides. The nucleotide change at the N-
terminal region of the S2 protein was relatively high in all four strains. In
addition, this region is flanked by relatively unchanged conserved
sequences. This region was thus selected as a PRC target.
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