Appeal No. 2000-1812
Application No. 08/432,483
human or animal by administering thereto a vaccine hybrid peptide comprising a universal
helper T cell epitope portion linked to a B cell epitope portion wherein the B cell epitope
portion comprises six to 26 consecutive amino acids of the carboxyl terminal 26 amino
acids of human cholesteryl ester transfer protein.
The rejections under 35 U.S.C. § 103
The examiner's rejection of claims 1, 2, 6 - 8 and 27 depends on the combined
teachings of Swenson and Valmori.
The examiner relies on Swenson as describing (Answer, page 3):
that CETP protein contains a B cell epitope localized to the 26-amino acid
sequence at the carboxyl terminus to which a monoclonal antibody which
neutralizes CETP activities binds. Swenson et al. Also teach a peptide with
the same sequence and amino acid residues as SEQ ID NO: 1, see Peptide
C in Table I. Thus, Swenson et al. teach a peptide with the exact length and
amino acid residues of SEQ ID NO. 1.
The examiner acknowledges that Swenson does not teach the use of a hybrid peptide
containing tetanus toxoid sequences in combination with amino acids from the terminal
amino acid portion of CETP. (Id.).
The examiner cites Valmori as teaching that (Answer, page 4):
tetanus toxoid contains epitopes that are recognized by all primed donors
irrespective of their MHC haplotypes. Valmori et al. also teach that tetanus
toxoid peptide that are the same as amino acids 2-15 of SEQ ID NO. 2 and
SEQ ID NO 3 (see page 717, in particular). Valmori et al. further teach that
the tetanus toxoid T cell epitopes can be used as carrier (helper T cell
epitopes) for B cell epitopes and that such hybrid peptides can be used to
elicit antibodies in humans.
The examiner concludes that (Answer, page 5):
6
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