Appeal No. 2000-1559 Page 3
Application No. 07/911,593
(b) orally administering at least 1 x 102 PFU of a rotavirus vaccine to said
nursing mother,
wherein said steps (a) and (b) may be performed in any order.
The Prior Art References
In rejecting the appealed claims on prior art grounds, the examiner relies on the
following references:
Zygraich 4,341,763 Jul. 27, 1982
Welter et a. (Welter) 5,147,639 Sep. 15, 1992
Ward 5,474,773 Dec. 12, 1995
Smith et al. (Smith)
European Patent Application 0 251 467 A2 Jan. 7, 1988
Ijaz et al. (Ijaz), "Effect of different routes of immunization with bovine rotavirus on
lactogenic antibody response in mice," Antiviral Research, Vol. 8, pp. 283-298 (1987)
Estes et al. (Estes), "Synthesis and Immunogenicity of the Rotavirus Major Capsid
Antigen Using a Baculovirus Expression System," Journal of Virology, pp. 1488-1494
(May 1987)
The Rejections
The appealed claims stand rejected as follows:
(1) Claims 5, 6, 8 through 13, 15 through 21, and 29 through 31 under 35 U.S.C.
§ 102(b) as anticipated by Zygraich;
(2) Claims 5, 6, 8, 9, 11, 12, 19, 21, 22, 24, 29, and 31 under 35 U.S.C. § 102(b)
as anticipated by Ijaz;
(3) Claims 5 through 7, 12, 13, and 19 through 27 under 35 U.S.C. § 102(e) as
anticipated by Ward;
(4) Claims 5 through 27, 29 through 32, 34 through 37, and 39 through 42 under
35 U.S.C. § 103(a) as unpatentable "over Zygraich and Ijaz, in view of Estes or
Smith;" and
(5) Claims 5, 6, 8 through 13, 15 through 21, and 29 through 31 under 35 U.S.C.
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