Appeal No. 1999-1162
Application No. 08/427,837
35 U.S.C. § 102(e)
Claims 9, 19 and 20 stand rejected under 35 U.S.C. § 102(e) as unpatentable over
Wathen.
The examiner relies on Wathen as describing a recombinantly produced PIV3 HN
and F, or HNF chimeric glycoproteins which are immunogenic and purified by ConA or
lectin affinity chromatography, and may be admixed with aluminum phosphate as adjuvant
for purposes of vaccine administration. Answer, page 6.
Wathen does not describe a “mixture of HN and F glycoproteins”, as required by
claim 9, as the disclosure of Wathen appears to be limited to a single, recombinant,
chimeric glycoprotein comprised of HN linked to F. Wathen, column 2, lines 49-50, column
8, lines 1-10, and column 16, lines 43-47.
Thus, Wathen does not anticipate the claimed composition and the rejection of
Claims 9, 19 and 20 under 35 U.S.C. § 102(e) as unpatentable over Wathen is reversed.
35 U.S.C. § 112, first paragraph
Claims 9, 19 and 20 are rejected under 35 U.S.C. § 112, first paragraph, as the
specification, as originally filed, does not provide support for the invention as now claimed.
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