The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 54
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte VINCENT A. FISCHETTI
__________
Appeal No. 2001-2524
Application No. 08/369,295
__________
Heard: June 13, 2002
__________
Before WINTERS, ADAMS, and GREEN, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 27, 40-44, 50, 51 and 53-55, which are all the
claims pending in the application.
Claim 40 is illustrative of the subject matter on appeal and is reproduced
below:
40. An antigen conjugate which comprises a linkable carrier covalently
bound to a polypeptide which consists of five or more amino acid
residues from the conserved exposed region of the M protein of
group A streptococci, wherein said antigen conjugate elicits a
protective immune response to streptococcal infection in a mammal
when administered mucosally.
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