Appeal No. 2002-1545 Page 14
Application No. 08/949,757
and 2-acetamido-2-deoxy-galactose (also known as
galactosamine). Pritchard [ ] 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 9-10.
Appellants argue that Pritchard disclose carbohydrate fingerprints of
whole cells of Group A, B, C, D, F and G streptococci, which includes the group
antigen and all the other carbohydrate type antigens. As such, appellants
contend that Pritchard does not disclose an isolated antigen, and thus cannot
anticipate the claimed invention, which requires an isolated invention. Revised
Brief on Appeal, pages 15-16. We agree.
The examiner asserts that Pritchard “did isolate the carbohydrate prior to
analysis of the antigen to determine the presence of the carbohydrate
constituents present in each type of bacteria.” Examiner’s Answer, page 31.
The examiner asserts further that “Pritchard anticipates the now claimed
invention as no specific process steps, deposited strain, structural relationship
between the components of the recited carbohydrate are incorporated into the
claim,” and that “Pritchard anticipates the claimed antigen, because the antigen
of Pritchard is made up of the recited carbohydrates.” Id. The examiner also
contends that the claims do not exclude whole bacteria that comprise the recited
antigen.
While the examiner asserts that Pritchard isolated the carbohydrate prior
to analysis, we do not find that the reference supports that assertion. Pritchard
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