Ex parte NEURATH et al. - Page 4




                 Appeal No. 1996-2539                                                                                                               
                 Application 08/150,776                                                                                                             
                          appears sufficient for protection against infection by any one of the virus                                               
                          subtypes.                                                                                                                 
                          * * *                                                                                                                     
                          [T]he S(139-147) segment of S-protein is part of an immunologically                                                       
                          important region recognized by both B and T  cells.                                                                       
                                                                                   h                                                                
                          Since the S(139-147) segment of the S-protein sequence is important for                                                   
                          eliciting HBsAg-specific B and T -cell responses, amino acid replacements                                                 
                                                                   h                                                                                
                          within this sequence may profoundly affect the recognition of the S-protein by                                            
                          both B- and T -cells and the specificity of immune responses to the S-                                                    
                                           h                                                                                                        
                          protein.  Among well-defined serological subtypes of HBsAg there is a                                                     
                          single amino acid substitution (serine threonine) at residue 143.  All other                                              
                          amino acid residues within this sequence are completely conserved among                                                   
                          the distinct HBV subtypes.                                                                                                
                          Evidence for the existence of genetic variants of HBV with envelope protein                                               
                          epitopes distinct from those present on already defined HBV subtypes has                                                  
                          been reported recently.                                                                                                   
                          Amino acid replacements within the S-protein sequence may lead to a loss                                                  
                          of subtype specific determinants d/y or w/r.  [T]hese newly discerned HBV                                                 
                          subtypes, which are nonreactive with subtype specific reagents developed                                                  
                          earlier, still contain the group specific “a” determinants considered essential                                           
                          for eliciting protective immunity.  However, HBV variants may have altered or                                             
                          insufficiently cross-reactive a determinants recognizable by antibodies and T                                             
                          cells elicited as a result of immunization with defined subtypes of HBV.  Such                                            
                          variants may possibly cause infections not preventable by current hepatitis B                                             
                          vaccines.  For this reason, it is important to define amino acid replacements                                             
                          within dominant group-specific B and T cell epitopes which would lead to the                                              
                          generation of escape mutants.                                                                                             
                                                                                                                                                   
                          The claims are drawn to vaccines comprising HBsAg “having the sequence                                                    
                 (CTKPSDGNC) within residues S(139-147)” and at least one HBsAg variant having at                                                   
                 least one “non-permitted” amino acid substitution in the S(139-147) region, wherein the                                            
                 vaccines are “essentially free of permitted variants.”  According to the specification, non-                                       

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