Appeal No. 1999-2634
Application No. 08/108,606
Svennerholm does more than invite experimentation but teaches the
administration of oral vaccines for protection against enterotoxin-
producing E. coli. Evans et al and Svennerholm et al teach the
administration of an oral ETEC vaccine, it is maintained that the
combination of this art is appropriate despite the fact that the vaccines of
Meyers, Soderlind and Gregory are administered parenterally because the
ordinary artisan would have had a reasonable expectation of success
using the teachings of Myers, Soderlind and Gregory in the method of
Evans et al in light of Svennerholm et al because Myers, Soderlind and
Gregory are analogous art as they focus on vaccines against enterotoxin-
producing E. coli and each reference defines conditions which provide
insight to the nature of the antigens of enterotoxin-producing E. coli which
would result in the ordinary artisan having a reasonable expectation of
success of attaining a vaccine which is optimized against E. coli infection.
We agree with the examiner that Soderlind, alone or in combination with Evans 1
and 2, Soderlind, Gregory and Myers provide the requisite reason, suggestion or
motivation to substitute mild-formalin treated bacteria for colicin treated bacteria for
preparation of an ETEC vaccine, and the reasonable expectation of success. The
reasonable expectation of success is particularly supported by Evans 1 disclosure of a
successful whole cell ETEC vaccine and evidence of record that mild formalin treatment
also provides for a whole cell vaccine.
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