Appeal No. 2003-1679 Page 5
Application No. 08/993,010
with infectivity. (Figura, page 298, right column; Figure 5 and accompanying
legend).”
Figura characterizes H. pylori Type I strains as expressing VacA and
CagA, and Type II strains as being VacA- and CagA-negative. See Figura,
Abstract. Consistent with appellants’ analysis (Brief, page 11), Figura teaches
(page 298, second column, last paragraph, endnotes omitted), Western blots
are not quantitative and sometimes difficult to interpret. In Fig. 5,
for example, disparate immune responses to CagA and VacA can
be observed (lanes 3 to 5). These proteins are expressed together
in more than 70% of H. pylori isolates. Surprisingly, out of the
hundreds of Western blots we have performed, VacA immune
recognition was observed in only about 15% of cases in which
serum samples reacted with CagA, and in about 5% of cases which
were seronegative for CagA. Although the results of Xiang et al.
explain the existence of strains expressing only VacA (in about 10%
of isolates), the examples shown in Fig. 5 indicate that more
studies are needed to clarify the situation in vivo.
We remind the examiner, that in order to establish a prima facie case of
obviousness, there must be both some suggestion or motivation to modify the
references or combine reference teachings and a reasonable expectation of
success. In re Vaeck, 947 F.2d 488, 493, 20 USPQ2d 1438, 1442 (Fed. Cir.
1991). On this record, while Figura refers to Xiang to “explain the existence of
strains expressing only VacA,” Figura expressly states that “more studies are
needed to clarify the situation in vivo.” In this regard, notwithstanding the
examiner’s position to the contrary (Answer, page 16, paragraph 15), appellants’
claimed invention is directed to a method of detecting Helicobacter pylori
antibodies associated with infection in a human subject comprising, inter alia,
correlating the presence of antibodies that bind to specific antibodies to either
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007