Appeal No. 1996-2539
Application 08/150,776
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 24 and
25, the only claims remaining in the application. The claims read as follows:
24. A vaccine comprising a hepatitis B virus surface antigen having the sequence
(CTKPSDGNC) within residues S(139-147) and at least one non-permitted variant of said
surface antigen where at least one of the following substitutions in S(139-147) is made:
at 141 K is substituted with D, E or R
at 142 P is substituted with S
at 143 T(S) is substituted with G, D, E, R, K or M
at 144 D is substituted with G, A, S, R, K, T or E
at 145 G is substituted with A, S, D, R or K; and
at 146 N is substituted with G, A, S, R, K or D
said vaccine being essentially free of permitted variants of hepatitis B virus surface
antigen having the sequence (CTKPSDGNC) within residues S(139-147).
25. The vaccine of claim 24 wherein said at least one non-permitted variant of said
surface antigen has at least one of the following substitutions in the S(139-147) sequence
(CTKPSDGNC):
at 141 K is substituted with E
at 142 P is substituted with S
at 143 T(S) is substituted with M
at 144 D is substituted with N or E
at 145 G is substituted with A or R; and
at 146 N is substituted with D.
The references relied on by the examiner are:
Miyanohara et al. (Miyanohara) 4,778,761 Oct. 18, 1988
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