Appeal No. 1995-2297
Application No. 07/797,493
application disclosure as it would be interpreted by one
possessing the ordinary level of skill in the pertinent art.
In re Moore, 439 F.2d 1232, 1235, 169 USPQ 236, 238 (CCPA 1971).
“Before considering the rejections under 35 U.S.C. § 103 . . . we must first decide . . .
[what] the claims include within their scope.” In re Geerdes, 491 F.2d 1260, 1262,
180 USPQ 789, 791 (CCPA 1974).
The specification discloses the ability of a chimeric SCID mouse to produce
lineage-specific cells in response to administration of engraftment growth factors and a
lineage-specific growth factor. The specification states that the data obtained from
Example 6 “suggest that administration of a human engraftment growth factor
composition, according to the present invention, supports engraftment of human erythroid
precursor cells.” According to appellants, this data “suggests that administration of . . .
[the] lineage-specific growth factor EPO support differentiation of the engrafted erythroid
precursor cells into mature human red blood cells.” See, Specification, page 14, Example
6. At page 13, of the Specification, Example 5 states “that multiple lineages of myeloid,
lymphoid and erythroid cells were present in bone marrow of [appellants’] inventive
chimeric SCID mice . . . [and that this] data establish . . . engraftment of human
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