Appeal No. 1997-3019
Application No. 08/404,122
* * *
Preferably the ratio of neuraminidase to galactose oxidase in terms of the
units of activity is from 1:2 to 1:10 but optimally is about 1:5. The amount of
NA per 100 µl of material for injection may be from 0.05 to 12u, preferably
from 0.2 to 1.2u. The amount of GO per 100 µl of material for injection may
be from 0.1 to 25u, preferably from 2 to 8u. The optimal amount is 1u NA
and 5u GO per 100 µl of material for injection.
Finally, the specification demonstrates that in vivo administration of NAGO with
various antigens enhances several antigen-specific responses: antibody response, T-cell
priming, and induction of cytotoxic T-cells (e.g., specification pages 12-14).
DISCUSSION
All of the claims stand rejected under 35 U.S.C. § 103. With respect to claims 1, 2,
4, 5, 10, and 11 the examiner relies on Knop, Lipkowitz, Rhodes, Gao, Roitt and Ada as
evidence of obviousness; with respect to claim 3, the examiner relies on the same
combination further in view of the Sigma catalog; with respect to claims 6 through 8, the
examiner relies on the same combination further in view of UK Patent 1,569,003. We view
the examiner’s proposed combination of Lipkowitz, Rhodes, Gao, Roitt and Ada as the
dispositive issue in all three rejections, so we will discuss them together.
The Examiner’s Answer refers to the Final Office action, paper 21, pages 2 through
4, from which we quote the essentials of the examiner’s position:
[Knop] teach[es] that neuraminidase is a valuable immunostimulating agent,
i.e an adjuvant, when administered with a variety of antigens (column 1, lines
27-30 and column 4, lines 52-57) . . . [Knop] do[es] not teach the addition of
galactose oxidase in the adjuvant composition.
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