Ex Parte Nash et al - Page 8

                 Appeal No. 2006-2575                                                                                  
                 Application No. 10/025,567                                                                            

                        Claim 13 is similar to claim 1 but requires the antibodies in the                              
                 composition to be prepared by inoculating female birds with P antigen from                            
                 P. anaerobius.  The Specification discloses that P antigen is prepared by                             
                 culturing P. anaerobius in broth, recovering the culture by low speed                                 
                 centrifugation, removing whole cells by centrifugation, and recovering the P                          
                 antigen as the supernatant from the separated whole cells.                                            
                 (Specification 16.)                                                                                   
                        Claims 16 and 19 recite essentially the same compositions as                                   
                 claim 13.  However, instead of antibodies to P antigen from P. anaerobius,                            
                 claims 16 and 19 require the compositions to contain antibodies to CS                                 
                 antigen from Clostridium sticklandii and CA antigen from Clostridium                                  
                 aminophilum, respectively.   The Specification discloses that these antigens                          
                 can be prepared by culturing C. sticklandii or C. aminophilum in broth,                               
                 recovering the culture by low speed centrifugation, removing whole cells by                           
                 centrifugation, and recovering the CS or CA antigen as the supernatant from                           
                 the separated whole cells.  (Specification 17-18.)                                                    
                        Thus, we interpret claims 13, 16, and 19 as encompassing                                       
                 compositions comprising the dried non-shell components of bird eggs which                             
                 contain IgY, IgA, and IgM antibodies to antigens which can be separated                               
                 from whole cells in culture by centrifugation.                                                        
                 2.  SCOPE OF ENABLEMENT                                                                               
                        Claims 1, 3, 5-7, and 12-29 stand rejected under 35 U.S.C. § 112, first                        
                 paragraph, as enabling only “a microbial adherence inhibitor in the form of                           
                 IgY for administration to food animals to inhibit the adherence of targeted                           
                 colony-forming bacteria in the rumen or intestinal tracts of said food animal                         


                                                          8                                                            

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: September 9, 2013