Ex parte GOLDENBERG et al. - Page 4


                  Appeal No.  1997-2393                                                                                     
                  Application No. 08/183,381                                                                                

                  Powell et al. (Powell), “Induction of effective immunity to moloney murine sarcoma                        
                  virus using monoclonal anti-idiotypic antibody as immunogen,” J. Immunology, Vol.                         
                  142, pp. 1318-1324 (1989)                                                                                 
                  Thanavala, “Anti-idiotype vaccines,” TibTech, Vol. 7, pp. 62-66 (1989)                                    
                  Levy et al. (Levy), “Therapy of lymphoma directed at idiotypes,” Vol. 10, pp. 61-68                       
                  (1990)                                                                                                    
                  Losman et al. (Losman), “Baboon anti-idiotype antibodies mimic a                                          
                  carcinoembryonic antigen epitope,” Int. J. Cancer, Vol. 46, pp. 310-314 (1990)                            
                  Bhattacharya-Chatterjee et al. (Bhattacharya-Chatterjee), “Anti-idiotype monoclonal                       
                  antibodies as vaccines for human cancer,” Intern. Rev. Immunol., Vol. 7, pp. 289-                         
                  302 (1991)                                                                                                
                                              GROUNDS OF REJECTION3                                                         
                         Claims 22 and 24-28 stand rejected4 under 35 U.S.C. 112, first paragraph,                          

                  as being based on an insufficient disclosure to support or enable the scope of the                        
                  claims currently claimed.                                                                                 
                         Claims 1, 5-8, 14-18, 22, 24-28, 34 and 35 stand rejected under 35 U.S.C. §                        
                  103 as being unpatentable over Hellstrom in view of the combined teachings of                             
                  Klein, Estabrook, Huberman and Haagensen.5                                                                

                         Claims 9-13 and 19-21 stand rejected under 35 U.S.C. § 103 as being                                
                  unpatentable over Thornton and Rubinstein in view of the combined teachings of                            
                  Klein, Estabrook, Huberman and Haagensen further in view of Herlyn.                                       

                                                                                                                            
                  3 We note the examiner withdrew the rejection of claims 1, 5-21, 34 and 35 under 35                       
                  U.S.C. § 112, first paragraph.  See Answer, page 2.                                                       
                  4 We note the rejection of claims 22, and 24-28 is directly connected and relates to                      
                  the objection to the specification.  In re Hengehold, 440 F.2d 1395, 1403-1404, 169                       
                  USPQ 473, 479-480 (CCPA 1971).                                                                            
                  5 We note the following typographical error.  Canceled claim 23 was included in the                       
                  statement of the rejection.  This typographical error was corrected herein above.                         

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