Appeal No. 2004-0735 Page 7
Application No. 08/081,540
an epitope of the Der p VII protein allergen. The examiner has identified a
murine LIF peptide that comprises a 7 amino acid region that corresponds to a 7
amino acid region in the Der p VII protein allergen. There is no evidence of
record that this 7 amino acid region of the Der p VII protein allergen is not an
epitope as defined in appellants’ claimed invention. Accordingly, we are not
persuaded by appellants’ arguments.
Conclusion:
As set forth above, there is no requirement in appellants’ claims that the
peptide encoded by the claimed nucleic acid is recognized by a T cell or B cell
receptor specific for the Der p VII protein allergen. The claims simply require that
the peptide encoded by the claimed nucleic acid contain an epitope of the Der p
VII protein allergen. Accordingly, we are not persuaded by appellants’
arguments that a T cell or B cell receptor specific for the Der p VII protein
allergen will not recognize murine LIF protein.
Both the examiner and appellants appreciate that the Der p VII protein
allergen and the murine LIF protein share 7 amino acids in common. According
to the examiner (Answer, page 3), the 7 amino acids common to both the Der p
VII protein allergen and murine LIF protein, meets the limitation of comprising at
least one T cell or B cell epitope. There is no evidence on this record that this 7
amino acid region of Der p VII is not an epitope of a T cell or B cell receptor
specific for a Der p VII protein allergen.
For the foregoing reasons we affirm the rejection of claims 47-49 under 35
U.S.C. § 103 as being unpatentable over Gearing.
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