Appeal No. 1998-0667 Page 4
Application No. 081280,306
The claims stand rejected as follows:
Claims 2 through 5 under 35 U.S.C. €j 112, first paragraph (enablement);
Claims 29 through 32 under 35 U.S.C. €j 102(b) as anticipated Sandig;
Claims I , 25, and 28 under 35 U.S.C. €j 103 with the examiner relying upon
Slilaty and Lowy as evidence of obviousness;
Claims 6 through 9 and 18 through 21 under 35 U.S.C. €j 103 with the examiner
relying upon Sandig and Lowy again as evidence of obviousness;
Claim 13 under 35 U.S.C. €j 103 with the examiner relying upon Sandig, Lowy,
and Hanvey as evidence of obviousness; and,
Claim 22 under 35 U.S.C. €j 103 with the exarr~iner relying upon Sandig, Lowy,
and Haynes as evidence of obviousness.
We reverse.
Background
The claimed invention involves pseudocapsids formed from a papovavirus major
capsid antigen. As explained in the paragraph bridging pages 4-5 of the specification:
The term "papovavirus" defines a general family of viruses including
polyoma virus (a mouse virus), simian virus 40 (SV40), human variants
(such as BK and JC) and papillomaviruses including human and bovine
variants and other members. In each case, there is a major capsid
antigen and one or more minor capsid antigens. For example, in
papillomavirus the major antigen is L1 and the minor antigen is L2. In the
present invention, the "pseudocapsids" are formed from the major capsid
antigen and not the minor antigen(s).
Reference is made to Montrossl for further information in regard to pseudocapsids of
polyoma virus.
Montross et al. (Montross), "IVuclear Assembly of Polyomavirus Capsids in Insect Cells
Expressing the Major Capsid Protein VP1," Journal of Virology, Vol. 65, No. 9, pp. 4991-4998 (September
1991) (Copy of record).
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