Appeal No. 2002-1545 Page 17
Application No. 08/949,757
Finally, claims 1, 4, 27 and 33-38 stand rejected under 35 U.S.C. § 102(b)
as being anticipated by Kitada.
According to the rejection, Kitada describes the isolation of an antigen
from Group C streptococci, wherein the antigen comprises a 1:2 ratio of 2-
acetanido-2-deoxy-glucose and rhamnose, and also comprises glucose and 2-
acetamido-2-deoxy-glucose (galactosamine). The rejection concludes that
“Yakushii [Kitada] [ ] 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, page 11.
Appellants reiterate their arguments with respect to Wessman, and the
rejection of claims 1, 4, 27 and 33-38 under 35 U.S.C. § 102(b) as being
anticipated by Kitada is reversed for reasons set forth supra with respect to that
rejection.
Rejections, under 35 U.S.C. § 103(a)
Claims 1-6 and 39 stand rejected under 35 U.S.C. § 103(a) as being
obvious over the combination of Kitada and Blake or Dick or Naso.
Kitada is relied upon as above. As Blake and Dick and Naso are relied
upon for teaching the conjugation of an antigen to a carrier, they fail to remedy
the deficiencies of Kitada, and the rejection is reversed.
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