Appeal No. 2001-2524 Page 2
Application No. 08/369,295
The references relied upon by the examiner are:
Beachey et al. (Beachey) 4,695,562 Sep. 22, 1987
McKenzie et al. (McKenzie), “Cholera Toxin B subunit as a Carrier Protein to
Stimulate a Mucosal Immune Response,” J. Immunology, Vol. 133, No. 4, pp.
1818-1824 (1984)
Jones et al. (Jones), “Immunochemical Localization and Amino Acid Sequences
of Crossreactive Epitopes Within the Group A Streptococcal M6 Protein,” J. Exp.
Med., Vol. 164, pp. 1226-1238 (1986)
GROUNDS OF REJECTION
Claims 54 and 55 stand rejected under 35 U.S.C. § 112, first paragraph,
as being based on a specification that fails to adequately describe the claimed
invention.
Claims 27, 40-44, 50, 51 and 53-55 stand rejected under 35 U.S.C. § 112,
first paragraph, as being based on an insufficient disclosure to support or enable
the scope of the claimed invention.
Claims 27, 40-44, 50, 51 and 53-55 stand rejected under 35 U.S.C. § 103
as being unpatentable over Jones in view of either McKenzie or Beachey.
DISCUSSION
THE REJECTIONS UNDER 35 U.S.C. § 112, FIRST PARAGRAPH:
Written Description:
According to the examiner (Answer, page 4):
[T]he specification discloses specific peptides having
selected amino acid lengths of 20, 22, 10, 21, 22 and 21….
The recitation of “more than 10 amino acids may include
numerous peptides having, for example, 11, 12, 03 [sic] 13
amino acids. Furthermore, in view of the total number of
amino acids of the conserved exposed region of the M
protein being in the order of 130, peptides having much
greater lengths are encompassed by the limitation “more
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