Appeal No. 2002-1545 Page 12
Application No. 08/949,757
consistent with the H1-NMR analyses of the antigen provided by the
specification.
Therefore, the rejection of claims 1, 4, 27 and 35-38 under 35 U.S.C.
§ 102(b) as being anticipated by Wessman is reversed.
Claims 1, 4, 27 and 35-38 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Moreau.
According to the rejection:
The claims of the instant Application identify the antigen by a
2:1 molar ratio of rhamnose/N-acetylglucosamine (analogous to 2-
acetamido-2-deoxy-glucose), the source of the claimed antigen is
Enterococcus (formerly known as Streptococcus), and Moreau [ ]
discloses a Streptococcus strain which upon purification of the
surface antigen resulted in a composition which contains
rhamnose/N-acetylglucosamine (analogous to 2-acetamido-2-
deoxy-glucose in a 2:1 molar ratio, as well as comprised glucose
and 2-acetamido-2-deoxy-galactose (also known as
galactosamine). Moreau [ ] discloses an antigen with the same
components in the same molar ratio, from a Streptococcal
bacterium and therefore anticipates the now claimed invention.
Examiner’s Answer, pages 8-9.
In addition to the arguments made with respect to the rejection over
Wessman, Appellants argue that Moreau discloses an antigen obtained from
Streptococcus pneumoniae type 7F, which is not a group D streptococcus.
Appellants cite Hardie to demonstrate that S. pneumoniae is a viradans
streptococcus, which is distinct from enterococci. Appellants also argue that
Moreau does not disclose an antigen having an NMR spectrum as shown in
Figure 1, as required by claim 37. See Revised Brief on Appeal, pages 13-14.
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