Appeal No. 2002-1366
Application No. 09/069,628
According to the examiner, Walker teaches the immunology of spores and
sporeforms and describes that the species Bacillus thuringiensis forms a group of
aerobic sporeforms which characteristically develop an intracellular crystalline body
during sporulation. Answer, page 5; Walker, page 322. Walker describes an
association between crystalline inclusion and the exosporium, where it is believed that
the crystal is formed and assembled. Further, Walker describes that the crystals and
endospore contain one or more common antigens and indicates that serological tests
prepared against urea extracts of spores and crystals solubilized in alkali have shown
cross-reactions between the crystal and spore. Id.
Walker also indicates that the “specificity of ferritin labeled antibodies to heat
stable spore and vegetative antigens of B. cereus in staining spores and vegetative
cells has been demonstrated [ ] and this work was later extended to the study of several
other species of sporeforming bacteria...i.e., B cereus, B. subtilis, C. sporogenes, C.
bifermentans, C. sardellii...” Answer, page 6; Walker page 327. Walker describes that
antisera were prepared against spore suspensions of 12 species of aerobic
sporeformers, including B. cereus. Page 323. According to the examiner, “Walker
teaches a polyclonal sera, however, monoclonal antibodies can be found mixed in
format within the polyclonal sera. Walker does not teach a peptide derived from the
monoclonal antibody.” Answer, page 6.
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