Ex parte REYES et al. - Page 1




                           The opinion in support of the decision being entered today was not written for                
                                     publication and is not binding precedent of the Board.                              
                                                                                            Paper No.  43                
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                    ____________                                                         
                                   BEFORE THE BOARD OF PATENT APPEALS                                                    
                                               AND INTERFERENCES                                                         
                                                    ____________                                                         
                              Ex parte GREGORY R. REYES, DANIEL W. BRADLEY,                                              
                           JR-SHIN TWU, MICHAEL A. PURDY, ALBERT W. TAM, and                                             
                                          KRZYSZTOF Z. KRAWCZYNSKI                                                       
                                                    ____________                                                         
                                                Appeal No. 1997-0473                                                     
                                              Application No. 07/870,985                                                 
                                                    ____________                                                         
                                                      ON BRIEF                                                           
                                                    ____________                                                         
              Before WILLIAM F. SMITH, ROBINSON, and ADAMS, Administrative Patent Judges                                 
              ROBINSON, Administrative Patent Judge.                                                                     
                                               DECISION ON APPEAL                                                        
                     This is a decision on appeal under  35 U.S.C. § 134 from the examiner's final                       
              rejection of claims 15 - 18 and 20, which are all of the claims pending in this application.               
                     Claim 15 is illustrative of the claims on appeal and is reproduced below:                           
                     15.    A method of preventing or treating Hepatitis E Virus (HEV) infection in an                   
              individual, comprising                                                                                     
                            administering to the individual, by parenteral injection, a vaccine                          
              composition containing antibodies capable of neutralizing HEV infection, as evidenced by                   
              the ability of the composition to block HEV infection of primary human hepatocyte cells in                 
              culture, and where said composition contains an antibody which is immunoreactive with a                    
              peptide containing the C-terminal 48 amino acids of the capsid protein encoded by the                      
              second open reading frame of the HEV genome.                                                               






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