Appeal No. 1996-0826
Application No. 08/271,583
1, 5, 8, 15, 19, 22, 25 and 28 as amended subsequent to the final rejection. Claims 28 through 58,2
the only other claims pending in this application, have been withdrawn from further consideration under
37 C.F.R. § 1.142(b) as not readable on the elected invention. Claim 1 is illustrative:
1. A method of selectively inhibiting the growth of pathogenic microbes while
not eliminating normal flora in an animal in need of such treatment, comprising the steps
of:
a) administering to the animal an amount of a haloperoxidase which is
therapeutically effective, in the presence of
i) a peroxide and
ii) bromide or chloride,
wherein said haloperoxidase is selected from the group consisting of myeloperoxidase,
eosinophil peroxidase and derivatives thereof,
b) selectively binding said haloperoxidase to the pathogenic microbes,
c) oxidizing the halide and
d) selectively killing the pathogenic microbes while not eliminating the normal
flora of the animal.
The references relied on by the examiner are:
Hasegawa et al. (Hasegawa) 2,108,387 May 18, 1983
(published UK patent application)
Belding et al. (Belding), “Peroxidase-Mediated Virucidal Systems,” 167 Science 195-196
(January 9, 1970).
Notwithstanding entry authorization by the examiner (see the advisory action mailed March 1, 1995, Paper2
No. 40), the amendment filed February 14, 1995, amending claims 1, 5, 8, 15, 19, 22, 25 and 28 and cancelling claims 2
and 16 (Paper No. 39) has not been physically entered in the file record. This clerical processing oversight should be
corrected upon return of the above identified application to the jurisdiction of the examiner.
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