Appeal No. 1999-1413
Application 08/176,024
Harris et al. (Harris), “Therapeutic Antibodies - The Coming of Age,” Tibtech, Vol. 11, pp.
42-44 (1993)
Mitchell, G. H., (Mitchell), “An Update on Candidate Malaria Vaccines,” Parasitology, Vol.
98, New York, pp. S29-S46 (1989)
Grounds of Rejection
1. Claims 1-3 stand rejected under 35 U.S.C. §103. As evidence of obviousness,
the examiner cites McCutchan (1 and 2) and Harlow.
2. Claims 1-7, 11 and 12 stand rejected under 35 U.S.C. §112, first paragraph. As
evidence of nonenablement, the examiner cites Charoenvit, Harris, and Mitchell.
We reverse both rejections.
DISCUSSION
Procedural Matters
In this case, an Appeal Brief with four attached 1.132 declarations was filed
concurrent with a proposed amendment, on March 1, 1996. After several interviews and
written communications, amended claims were entered by the Examiner, the effect of
amendment entry on the rejections of record was communicated to the appellant on
August 21, 1996, and a Substitute Brief was filed September 20, 1996, containing
arguments directed to the amended claims. The Substitute Brief also refers to the
3
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