Trilateral Project 24.1-Biotechnology 180

The invention here is Y' which is a partial polypeptide fragment epitope of viral antigen Y. The prior art Y shows the entire amino acid sequence of the viral antigen Y. Since the prior art recognizes the protein as an antigen, one would expect antibodies to be made to it and to be made to a variety of different epitopes making up the larger protein. It would have been obvious from the prior art Y to utilize any of the fragments of the larger protein Y as antigens to produce antibodies to the viral protein Y because the entire amino acid sequence is disclosed, and one of ordinary skill in the art would understand that this protein is comprised of many epitopes which would elicit antibodies. The burden would then shift back to applicant to argue why this particular epitope would not have been obvious.

The presentation of secondary evidence, such as unexpected benefits stemming from the use of this particular epitope or perhaps a teaching away from this epitope by the reference, might be sufficient to overcome the prima facie case of obviousness here. This question is the companion to the question regarding enablement of all antigenic determinants of a viral protein from the disclosure of the whole protein (See 1.2.1.2.(5) above). If the mere disclosure of the protein is sufficient to enable the antigenic determinants, then it is possible that each epitope is also obvious over art showing the whole protein sequence.