Appeal No. 2002-2281 Page 2
Application No. 08/302,423
The references relied upon by the examiner are:
Lawton et al. (Lawton), “Biosynthesis and Purification of V and W Antigen in
Pasteurella Pestis,” J. Immunology, Vol. 91, No. 2, pp. 179-84 (1963)
Une et al. (Une), “Roles of V Antigen in Promoting Virulence and Immunity in
Yersiniae,” J. Immunology, Vol. 133, No. 4, pp. 2226-30 (1984)
Nilsson et al. (Nilsson), “Immobilization and Purification of Enzymes with
Staphylococcal Protein A Gene Fusion Vectors,” EMBO J., Vol. 4, No. 4, pp.
1075-80 (1985)
Brubaker et al. (Brubaker), “Proteolysis of V Antigen from Yersinia pestis,”
Microbial. Pathogenesis, Vol. 2, pp. 49-62 (1987)
Sato et al. (Sato), “Preparation of Monoclonal Antibody to V Antigen from
Yersinia pestis,” Contrib. Microbiol. Immunol., Vol. 12, pp. 225-29 (1991)
GROUND OF REJECTION
Claims 10-13 stand rejected under 35 U.S.C. § 103 as obvious over any
one of Sato, Une, or Lawton in view of Brubaker and Nilsson.
DISCUSSION
According to the examiner (Answer, page 4), Sato, Une, and Lawton
“teach a method of immunizing and the same antigen as recited in the claims,
however, the antigen was not produced by the plasmid construct of Figure 1.”
To make up for this deficiency, the examiner relies (Answer, page 5) on
Brubaker to teach “the V antigen is a potentially labile molecule and that
appropriate methods of stabilization may have to be developed in order to define
its function.” In addition, the examiner relies (id.) on Nilsson to teach “a method
of stabilizing recombinant proteins to allow purification in a one-step procedure
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