Appeal No. 1996-2211
Application No. 08/018,546
Takahashi teaches an improved medium for the culture of bovine embryos. This medium includes
TCM-199 supplemented with 10% FCS containing 10 or 50 TM cysteamine at 39EC. Takahashi
teaches that development to blastocysts was significantly higher when embryos were cultured in a
medium containing 10 and 50 TM cysteamine than when they were cultured in a medium without
cysteamine. While Takahashi is silent with regards to transporting steps, a culturing process includes
the step of moving cultures a nominal distance, e.g., the laboratory bench to the “warm box.” Takahashi
does not teach the transport of bovine embryos over a long distance e.g. from a laboratory to a farm for
implantation. However, Hasler teach that bovine embryos can be safely and effectively transported in a
minimal medium (PBS supplemented with FCS), and under a wide range of transportation conditions.
In our view, it would have been prima facie obvious to a person of ordinary skill in the art at
the time the invention was made to transport bovine embryos in the improved medium taught by
Takahashi. Since Hasler demonstrates that bovine embryos can be successfully transported in a
minimal medium, it would have been obvious to maintain the embryos in the improved medium taught
by Takahashi during culture and subsequent transportation, since the improved medium significantly aids
in the development of the embryos. Furthermore, there would be no reason to replace the improved
Takahashi medium with a different transportation medium given the results obtained by Hasler.
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