Appeal No. 1997-3274 Page 3
Application No. 08/015,248
A[t]he different peptides@ based on the deduced sequences can be used Afor the
production of antibodies, preferably monoclonal antibodies specific [for] the different
peptides respectively.@ Pages 29 and 46.
Kennedy describes six synthetic peptides Aselected on the basis of . . . predicted
immunogenicity,@ which were used to raise polyclonal antibodies in rabbits. Page 7.
One of Kennedy=s peptides has the sequence TRPNNNTRKSIRIQRGPG.
According to the examiner, AMorrison teaches conventional methods for the
production of chimeric antibodies,@ and Aone of ordinary skill in the art would have found
it obvious to manipulate the antibodies . . . to prepare chimeric antibodies using
[Morrison=s] generally applicable methods . . . for a variety of reasons[; o]ne of which is
described [by] Roberts-Guroff [who teaches] the potential therapeutic utility of anti-HIV
antibodies for the treatment of AIDS,@ and a second, Adescribed [by Morrison,] which
would be for obtaining varying effector functions that may yield in vitro applicability.@
Answer, pages 10 and 11. In addition, the examiner asserts that the prior art peptides
Awere known to be immunogenic and to elicit antibodies capable of neutralizing HIV
infectivity in vitro.@
We find the examiner=s rejection to be without merit for several reasons.
The examiner concedes that A[n]one of the references teach[es] chimeric
immunoglobulins specific for the peptides described above.@ Answer, page 9. We
would also add that none of the references appears to teach any sort of antibody
specific for the same epitope as BAT123, a specificity required by claim 12. BAT123
was raised against a synthetic peptide immunogen with the amino acid sequence
RIQRGPGRAFVTIGK, and the present specification suggests that BAT123 reacts Awith
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