Appeal No. 2004-0735 Page 3
Application No. 08/081,540
recognized by a T or B cell receptor specific for a Der p VII protein allergen.
There is no requirement in claim 47 that the nucleic acid encodes a peptide that
is recognized by a T or B cell receptor specific for a Der p VII protein allergen.
Claim 47 is generic to both a T cell and B cell epitope. Claim 48 depends
from and further limits claim 47 to a T cell epitope. Claim 49 depends from and
further limits claim 47 to a B cell epitope. According to the examiner (Answer,
page 4), “[t]he B-cell receptor is also known as ‘immunoglobulin’ or ‘antibody’ …
[and] [t]he T-cell receptor is commonly called ‘the T-cell antigen receptor’ and is
only normally found on the surfaces of T-cells.” Appellants do not dispute this
finding.
CLAIM GROUPING
According to appellants (Brief, page 4), “[t]he rejected claims do not stand
or fall together….” We note, however, that appellants’ arguments are grouped
according to whether the “epitope” is a T cell epitope, or a B cell epitope. Claim
47 is generic to both a T cell and B cell epitope. Claim 48 depends from and
further limits claim 47 to a T cell epitope. Claim 49 depends from and further
limits claim 47 to a B cell epitope. Accordingly, we discuss the claim in two
groups, I. claims 47 and 48, as they relate to a T cell epitope; and II. Claims 47
and 49, as they relate to a B cell epitope.
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