Appeal No. 1999-1396
Application No. 08/524,668
The claims read as follows:
1. A chicken monoclonal antibody specific for Eimeria acervulina antigens involved
in host cell invasion, wherein said antigens are located on the conoid of the anterior tip of
Eimeria acervulina sporozoites.
2. A chicken hybridoma which secretes the monoclonal antibody of claim 1.
The references relied on by the examiner are:
Murray et al. (Murray) 4,724,145 Feb. 9, 1988
Matsuda et al. (Matsuda) 5,411,881 May 2, 1995
Claim 1 and 2 stand rejected under 35 U.S.C. § 103 as unpatentable over Murray
and Matsuda. We reverse.
BACKGROUND
Intracellular protozoan parasites belonging to the genus Eimeria infect the intestinal
mucosa of livestock and poultry and impair the growth and feed utilization of the infected
animals. According to the specification, “[i]dentification of parasite antigens involved in the
invasion of host lymphocytes is crucial for the development of coccidial vaccines, since
sporozoite invasion of host lymphocytes is the first step involved in coccidiosis.” Further
according to the specification, mouse monoclonal antibodies are of questionable value in
“defin[ing] epitopes important in the chicken’s immune response to Eimeria . . . since
differences have been reported in the recognition of target antigens by immune sera from
chickens, rabbits and mice.” Page 2. Accordingly, the present invention is directed to
“monoclonal antibodies from chicken hybridomas [] effective for identifying parasite
2
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