Appeal No. 2002-1291 Page 2
Application No. 08/693,052
The examiner relies upon the following references:
Mayr et al. (Mayr I) 5,094,850 Mar. 10, 1992
Mayr et al. (Mayr II), “Bekaempfung des Ecthyma contagiosum
(Pustular dermatitis) der Schafe mit einuem neuen Parenteral-
Zellkultur-Lebendimpfstoff,” (Translated Title: “Fight against
Ecthyma Contagiosum (Pustular Dermatitis) in Sheep with a New
Parental Cell Culture Live Vaccine.”) Zbl. Vet. Med. B, vol. 28, pp.
535-552 (1981).
Claims 19-31 stand rejected under 35 U.S.C. § 112, first paragraph, on
the grounds that the specification fails to enable the full scope of the claimed
subject matter. Claims 19, 20, 21, 27 and 28 stand rejected under 35 U.S.C. §
102(b) as being anticipated by Mayr II. Finally, claims 23, 24 and 30 stand
rejected under 35 U.S.C. § 103(a) over the combination of Mayr II and Mayr I.
After careful review of the record and consideration of the issues before us, we
affirm the rejection under 35 U.S.C. § 102(b), but reverse the rejections under 35
U.S.C. § 112, first paragraph and 35 U.S.C. § 103(a).
BACKGROUND
The specification states that the immune system of warm-blooded
animals, especially those of mammals and birds, consists of an antigen-specific
and an antigen non-specific portion. According to the specification, the antigen
non-specific portion is responsible for building up paramunity, and that it is the
paraspecific immune system that allows an organism to mount an immediate
defense when confronted by a foreign substance. See Specification, page 1.
The specification acknowledges that poxviruses are known paramunity inducers
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