Appeal No. 2003-1679 Page 2
Application No. 08/993,010
antigens, wherein the type-specific antigens are H. pylori
vacuolating cytotoxin (VacA) and cytotoxin associated antigen
(CagA), under conditions which allow H. pylori antibodies, when
present in the biological sample, to specifically bind with said
type-common antigens or said type-specific antigen(s),
(b) removing unbound antibodies;
(c) providing one or more moieties comprising a detectably labeled
anti-human immunoglobulin antibody which bind to said bound
antibodies;
(d) detecting the presence or absence of said one or more
moieties;
(e) correlating the presence of antibodies that specifically bind to
the type-specific antigens to infection with Type I H. pylori; and
(f) correlating the absence of antibodies that specifically bind to the
type-specific antigens and the presence of antibodies that
specifically bind to the type-common antigens to infection with
Type II H. pylori.
The references relied upon by the examiner are:
Crabtree et al. (Crabtree), “Mucosal Humoral Immune Response to Helicobacter
pylori in Patients with Duodenitis,” Digestive Diseases and Sciences, Vol. 36, No.
9, pp. 1266-1273 (1991)
Telford et al. (Telford), “Unraveling the pathogenic role of Helicobacter pylori in
peptic ulcer: potential new therapies and vaccines,” TIBTEC, Vol. 12, No. 10, pp.
420-436 (1994)
Figura, “Progress in defining the inflammatory cascade,” European Journal of
Gastroenterology & Hepatology, Vol. 7, No. 4, pp. 296-302 (1995)
Xiang et al. (Xiang), “Analysis of Expression of CagA and VacA Virulence Factors
in 43 Strains of Helicobacter pylori Reveals that Clinical Isolates Can Be Divided
into Two Major Types and that CagA Is Not Necessary for Expression of the
Vacuolating Cytotoxin,” Infection and Immunity, Vol. 63, No. 1, pp. 94-98 (1995)
GROUNDS OF REJECTION
Claims 1-3, 6-10 and 13-172 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Figura in view of Xiang and Crabtree.
2 We note the following typographical error. In the statement of this rejection, the examiner
included claims 11 and 18. Since claims 11 and 18 are cancelled, we have not included these
claims in our deliberation.
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