Appeal No. 2000-1929
Application No. 08/019,297
been allowed. Claims 28 and 45 are representative of the claims on appeal and
read as follows:
28. An purified immunological complex comprising a protein of human
immunodeficiency virus type 1 (HIV-1) and an antibody against said
protein, which antibody binds with said protein, wherein said protein
is core protein of HIV-1.
45. An antibody directed against an antigen present in an extract of
HIV-1 virus; wherein said antibody is formed using an HIV-1 extract
or purified HIV-1 protein in animals; and wherein said antigen is
selected from the group consisting of p25, p15, 36, p42, and p80.
The examiner relies on the following references:
Di Marzo Veronese et al. (Di Marzo Veronese), “Monoclonal antibodies specific
for p24, the major core protein of human T-cell leukemia virus type III,” Proc.
Natl. Acad. Sci. USA, Vol. 82, pp. 5199-5202 (1985)
Seaver, “Monoclonal Antibodies in Industry: More Difficult Than Originally
Thought,” Genetic Engineering News, Vol. 14, No. 14, pp. 10, 21, (1994)
Claims 28-30, 35, and 42 stand rejected under 35 U.S.C. § 101 as lacking
utility, and under 35 U.S.C. § 112, first paragraph, as being based on a
specification that does not adequately teach how to use the claimed invention.
Claims 28-30, 35, 36, 42, and 45-48 stand rejected under 35 U.S.C.
§ 112, first paragraph, as being based on a specification that does not enable or
adequately describe the claimed invention.
Claims 28-30, 35, 36, 42, and 45-48 stand rejected under 35 U.S.C.
§ 102(b) as anticipated by Di Marzo Veronese.
We reverse the written description rejection of claims 30 and 42 but affirm
the remainder of the rejections.
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