Ex Parte ESTES et al - Page 2



             Appeal No. 2000-1559                                                              Page 2               
             Application No. 07/911,593                                                                             
             carried out in a series of injections using live or inactivated vaccines, alone or in                  
             combination with each other or in combination with a rotavirus subunit vaccine or oral                 
             vaccine.                                                                                               
                    It is important to note that the appealed claims are not limited to a human                     
             rotavirus; but neither do they exclude human rotavirus.  In this regard, the relevant                  
             limitation in all of the appealed claims is a virus "classified in a rotavirus serotype which          
             includes at least one human rotavirus."  Claims 5, 9, 29, and 36, which are illustrative of            
             the subject matter on appeal, read as follows:                                                         
                    5.  An inactivated, parenteral vaccine against rotavirus infection, comprising:                 
                    an inactivated virus, wherein said virus is classified in a rotavirus serotype which            
             includes at least one human rotavirus.                                                                 
                    9.  A method for actively immunizing animals or humans against rotavirus                        
             infection, comprising:                                                                                 
                    parenterally administering a first vaccine comprising about 1 x 102 to about 1                  
             x 108 PFU/ml of a live virus classified in a rotavirus serotype which includes at least one            
             human rotavirus, and                                                                                   
                    parenterally administering a subsequent vaccine, said subsequent vaccine                        
             comprising about 1 x 102 to about 1 x 108 PFU/ml of a live virus classified in a rotavirus             
             serotype which includes at least one human rotavirus.                                                  
                    29.  A method for passively immunizing human or animal infants against                          
             rotavirus infection, comprising:                                                                       
                    parenterally administering to a mother before her infant's birth a first vaccine                
             according to claim 5, said first vaccine comprising about 1 x 102 to about 1 x 108                     
             PFU/ml of virus, and                                                                                   
                    parenterally administering to said mother before her infant's birth a                           
             subsequent vaccine according to claim 5, said subsequent vaccine comprising about 1                    
             x 102 to about 1 x 108 PFU/ml of virus.                                                                
                    36.  A method for passively immunizing animal or human infants against                          
             rotavirus infection, comprising the steps of:                                                          
                    (a)  parenterally administering to a nursing mother a vaccine comprising                        
             about                                                                                                  
             1 x 102 to about 1 x 108 PFU/ml of a live or inactivated virus classified in a rotavirus               
             serotype which includes at least one human rotavirus; and                                              





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