Ex Parte Walker et al - Page 2

                Appeal 2007-1032                                                                               
                Application 10/062,920                                                                         

                ehrlichiosis is Ehrlichia canis, a small, gram-negative, obligate intracellular                
                bacterium . . .” (Specification 2).                                                            
                      Analysis of E. canis “has resulted in the identification of numerous                     
                immunodominant proteins . . . , including a 30-kDa protein” (id. at 4).  This                  
                protein is homologous to “28-32kDa immunodominant proteins encoded by                          
                multigene families . . . in related organisms” including E. chaffeensis, the                   
                causative agent of human monocytic ehrlichiosis (id.).  In recombinant form,                   
                the E. chaffeensis 28-kDa outer membrane protein “appeared to provide                          
                protection against homologous challenge infection in mice, and antisera                        
                produced against the recombinant protein cross reacted with a 30-kDa                           
                protein of E. canis” (id. at 5).                                                               
                      The Specification discloses “the molecular cloning, sequencing,                          
                characterization, and expression of homologous mature 28-kDa                                   
                immunoreactive protein genes of Ehrlichia canis” (id. at 6).  The                              
                Specification discloses that administering a 28-kDa E. canis antigen can                       
                inhibit infection by the organism, for example by “stimulat[ing] . . . the                     
                subject’s humoral or cellular immune responses” (id. at 8).                                    
                                                DISCUSSION                                                     
                1.  CLAIMS                                                                                     
                      Claims 17, 19, and 20 are pending and on appeal (Br. 2).  Claim 17 is                    
                representative and reads as follows:                                                           
                             17.  A method of inducing an immune response against                              
                      Ehrlichia canis in a subject comprising the steps of:                                    
                             identifying a subject prior to exposure or suspected of                           
                      being exposed to or infected with Ehrlichia canis; and                                   
                             administering a composition comprising a 28-kDa                                   
                      antigen of Ehrlichia canis, wherein said 28-kDa antigen is a                             

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