Appeal No. 2002-1291 Page 3
Application No. 08/693,052
that “can positively influence the organism’s ability to resist infections and
tumors, on a non-specific level.” Id. at 2.
The invention is drawn to “multipotent paramunity inducers based on a
combination of two or more poxvirus components derived from various poxvirus
strains having paramunizing properties.” Id. at 3. As set forth in the
specification:
The term “poxvirus component”, as employed in the context
of this invention, covers a large number of viral structures derived
from poxviruses with paramunizing properties, for example viable
(i.e. capable of multiplication) or inactivated freshly isolated
poxviruses, viable or inactivated recombined poxviruses derived
from freshly isolated poxviruses, viable or inactivated attenuated
poxviruses, viable or inactivated recombined poxviruses derived
from attenuated poxviruses, the detached envelopes and cleavage
products and aberrant forms of said envelopes of the poxviruses
listed above, individual viral polypeptides obtained by biochemical
or immunochemical methods from cultures that had been infected
with the poxviruses listed above, and recombinant viral
polypeptides obtained by means of prokaryotic or eukaryotic
expression and at least parts of which are derived from one or
more of the polypeptides of the poxviruses listed above.
Id. at 5.
The specification asserts that the multipotent paramunity inducers of the
invention have virtually no immunogenic properties, but have strong
paramunizing properties. The specification observes:
a) Attenuation over several hundred passages in cell cultures
causes the immunizing properties of poxviruses to decrease,
whilst the paraspecific activities not only increase but in the
case of certain pox strains only appear after attenuation;
b) inactivation of the poxviruses suited to the preparation of the
paramunity inducers, preferably by irradiation, heat or pH
action, or most preferably by chemical treatment with β-
propiolactone under specific conditions, causes the poxviruses
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