Appeal No. 1999-1162
Application No. 08/427,837
Claims 9, 19 and 20 are the claims on appeal and read as follow:
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9. A composition, comprising a protective, highly-immunogenic, non-
immunopotentiating copurified mixture of HN and F glycoproteins of human parainfluenza
type 3 prepared by copurification from native PIV-3 virus by affinity chromatography.
19. The composition of claim 9 for human administration containing alum as
(aluminum phosphate) an adjuvant.
20. The composition of claim 19 formulated for administration by injection.
The prior art references relied upon by the examiner are:
Wathen 5,284,764 Feb. 8, 1994
Ray et al. (Ray), “Role of Individual Glycoproteins of Human Parainfluenza Virus Type 3 in
the Induction of a Protective Immune Response,” Journal of Virology, Vol. 62, No. 3, pp.
783-787 (1988).
OPINION
In reaching our decision in this appeal, we have given careful consideration to the
appellants’ specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner.
1This claim is reproduced as it appears in the amendment filed October 30, 1996.
We note that this amendment to claim 9 has not been properly entered, since claim 9 of
the amendment filed December 18, 1995 is still present in the case. Upon return of this
application to the examining group we would urge the examiner to review the amendment
filed October 30, 1996 to ascertain whether it is in compliance with
37 C.F.R. 1.121(a)(2). For example, we note that a comma has been deleted after
“protective” in line 2, and that the text “(PIV-3)" is no longer present after “type 3". Yet,
these changes are not indicated as changes in the amendment of October 30, 1996. We
have considered the issues raised by this appeal as they relate to the claim 9 reproduced
above.
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