Appeal No. 1997-2528
Application No. 07/810,908
the claimed p12, X protein, TAT and ART polypeptides. Thus, appellants cannot rely
on the filing date of Serial No. 06/835,228 of March 3, 1986 to support the written
description requirement under § 112 for the present claims.
Claim 45
Claim 45 is dependent upon claim 44 and further requires that the formation of
an antigen-antibody complex is detected by a process selected from the group
consisting of radioimmunoassay, radioimmunoprecipitation assay, immunofluorescense
assay, enzyme linked immunosorbent assay, and Western blot, which is disclosed in
Clavel at pages 344-345, and Figures 2 and 3.
Claim 46
Claim 46 is rejected under 35 U.S.C. § 103 over Clavel in view of Luciw. Clavel
describes an the use of peptides from the envelope portion of LAV-2 for use in ELISA,
Western blot and radioimmunoprecipitation assays. Clavel, page 344. It would have
been obvious to one of ordinary skill in the art at the time of the present invention to
provide the components of such a known assay in a diagnostic kit for the detection of
antibodies in a biological sample which bind to Human Immunodeficiency Virus Type 2
in view of the desirability in the art to determine the presence of HIV antibodies in
patient samples (Clavel, page 346) and general knowledge in the art of the
convenience of immunoassay diagnostic test kits. See, for example, Luciw, U.S. Patent
No. 5,156,949 describing an article of manufacture for use in an immunoassay for the
detection of Human Immunodeficiency Virus (claim 17).
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