Appeal No. 94-2990
Application 07/932,577
that the timing of administration is critical when treating
hyperacute rejection reactions. This follows because hyperacute
rejection occurs within minutes after transplantation. See
appellant’s discussion of the Roitt reference in the main Brief
before the Board, page 12, first full paragraph. A fortiori, in
order to treat these rejection reactions, administration to the
recipient of an effective amount of the pharmaceutical
composition must be essentially contemporaneous with
transplantation. Administering an effective amount of the
pharmaceutical composition must occur before transplantation,
during transplantation, or within minutes after transplantation
lest the hyperacute reaction takes place.
In our judgment, the only reasonable interpretation which
these facts permit is that claims 11 through 15, 22 and 23
require administering an effective amount of the pharmaceutical
composition to the organ recipient before, during, or within
minutes after transplantation. Later administration would not
and could not effectively treat hyperacute rejection reactions,
because hyperacute rejection occurs so quickly after
transplantation. Again, see the discussion in appellant’s main
Brief, page 12, first full paragraph. The term “hyperacute” is a
limitation in claim 11 restricting the timing of administration
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