Ex Parte KANDIL et al - Page 4


                 Appeal No.  2002-0616                                                         Page 4                    
                 Application No.  08/693,052                                                                             

                 virus infection, while the use of each adjuvant alone was ineffective.  See id. at                      
                 6.                                                                                                      
                        Stünkel is cited for teaching that the adjuvant glycosylamide N-2(deoxy-2-                       
                 L-leucylamino-β-D-glucopyranosyl)-N-octadecyldodecanomide acetate is known                              
                 in the art, and is more effective than Freund’s adjuvant and aluminum hydroxide.                        
                 See id.                                                                                                 
                        Penney is cited that octadecyl tyrosine hydrochloride is an effective                            
                 organic adjuvant, and does not induce side effects such as granulomata as the                           
                 site of injection as does aluminum.  Id.                                                                
                        Weismüller is cited for teaching tripalmitoyl-S-glyceryl-cyteinylserylserine                     
                 covalently linked to s synthetic virus peptide vaccine, producing “long-lasting high                    
                 protection against foot and mouth disease and serotype-specific virus-                                  
                 neutralizing antibodies in guinea-pigs after a single administration.”  Id.                             
                        Ramasamy is cited for teaching the linking of antigenic peptides to bovine                       
                 serum albumin in combination with Freund’s adjuvant or aluminum hydroxide to                            
                 elicit antibodies.  See id. at 8.                                                                       
                        The rejection concludes:                                                                         
                                It would have been prima facie obvious to one skilled in the                             
                        art at the time the invention was made to generate an adjuvant                                   
                        composition, an immunogenic composition, and a kit comprising a                                  
                        mineral salt adjuvant, and an adjuvant selected from the group                                   
                        consisting of a glycosylamide, an ester of an aromatic amino acid,                               
                        and a lipopeptide for the purpose of enhancing immunological                                     
                        responses of vaccinees [sic] to various antigens.  Gupta teaches                                 
                        claimed adjuvants aluminum hydroxide, aluminum phosphate,                                        
                        calcium phosphate, and stearyl tyrosine, and the use of such                                     
                        adjuvants with antigens such as influenza hemagglutinin and                                      
                        pertussis toxoid, and the use of combinations of adjuvants.                                      





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