Appeal No. 1997-2528
Application No. 07/810,908
Claim 44 is illustrative of the claims on appeal and reads as follows:
44. An in vitro diagnostic method for detecting the presence or absence of
antibodies, which bind to antigens of a Human Immunodeficiency Virus Type 2 (HIV-2),
comprising:
(a) contacting a biological sample with one or more isolated polypeptide
expression products of HIV-2 selected from the group consisitng of p12, polymerase,
Q protein, R protein, X protein, env protein, F protein, TAT, and ART;
(b) detecting the formation of antigen-antibody complex between said
polypeptide expression products and antibodies present in the biological sample.
No prior art references are relied upon by the examiner.
Prior art cited by the merits panel:
Luciw et al. (Luciw) 5,156,949 Oct. 20, 1992
Clavel et al. (Clavel), “Isolation of a New Human Retrovirus from West African Patients
with AIDS,” Science, Vol. 233, pp.343-346 (1986)
Ground of Rejection1
Claims 44-46 stand rejected under 35 U.S.C. § 112, first paragraph for lack of
enablement.
1 The rejection of Claims 44-46 under 35 U.S.C. § 102(b) as anticipated by
Clavel was withdrawn in the Supplemental Examiner's Answer, September 9, 1997.
2
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