Appeal No. 1999-0031
Application No. 08/168,438
remove the viral inactivating agent and photoproducts thereof from the body fluid.
The specification states that methylene blue dye is an example of a “viral
inactivating agent.” See page 7, line 30 to page 8, line 2. The specification also
states that “macroporous polymeric beads” are also known as “biobeads” and are
available, for example, from Bio-Rad Laboratories. See page 10, lines 4-18.
Finally, the specification states that “column refers broadly to a chamber or
device that includes material that will remove specific compounds.” Page 8, lines
30-31. Thus, an exemplary process within the scope of claim 31 would comprise
adding methylene blue to a blood product and passing the resulting mixture
through a device containing biobeads from Bio-Rad Laboratories, in order to
remove the methylene blue and any photoproducts thereof.
Mohr teaches a process for inactivating viruses in blood or blood products.
The disclosed process comprises adding a phenothiazine dye, such as
methylene blue (page 2, line 2), to the blood product, irradiating the mixture, and
passing the treated blood product over an adsorbing agent to remove the dye.
See page 1, lines 7-14. Mohr discloses that biobeads, obtained from Bio-Rad,
may be used to remove methylene blue and other phenothiazine dyes from
treated blood products. See pages 15-17. Mohr also discloses passing the
treated blood product through a column containing biobeads to remove the
methylene blue dye. See claims 6 and 7. The process disclosed by Mohr and
the process of instant claim 31 involve the same products and the same method
steps in the same order. Thus, Mohr supports a prima facie case of anticipation.
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