Appeal No. 2003-1679 Page 3
Application No. 08/993,010
Claims 20-22 and 24 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Figura in view of Xiang and Crabtree and further in view of
Telford.
We reverse.
DISCUSSION
Figura in view of Xiang and Crabtree:
The examiner finds (Answer, page 4), “Figura define Helicobacter pylori
strains by dividing them into two phenotypically distinct groups: Type I strains
express VacA and CagA; and Type II do not express VacA and CagA
proteins….” The examiner also finds (id.), Figura teach “[a] method of detecting
antibodies associated with Helicobacter pylori infection in humans….” According
to the examiner (Answer, page 5), Figura’s method of detecting antibodies
associated with Helicobacter infection comprises:
(a) reacting a biological sample from a subject with one or
more H.[ ]pylori type common antigens and one or more Type-I
specific antigens provided in an H.[ ]pylori whole cell preparation
(lysate) from a Type-I specific strain (see page 299, figure 5,
narrative, line 4). The common type antigens were shown to be
urease subunits A and B and H.[ ]pylori heat shock protein, and the
Type-I specific antigens shown were both VacA and CagA
antigens,
(b) removing unbound antibodies in light of the method being
incorporated by reference to Xiang who teaches the removal of
unbound antibodies (Xiang, page 95, col. 2, last paragraph, lines)
(see Figura reference, page 298, col. 2, paragraph 6, reference [1]
is Xiang et aI, 1995),
(c) providing a moiety to detect antibodies that specifically
bound to common and Type-I specific antigens were visualized
(see Figure 5 immunoreactive bands), and
(d) detecting the presence or absence detectably labeled
anti-human immunoglobulin antibody, thereby detecting the
presence or absence of H.[ ]pylori antibodies associated with
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007