Appeal No. 2000-1930 Page 8
Application No. 08/232,452
therewith, such as increased risk of infection and permanent disfigurement. See
id.
Both Anson and Palmer cite Bell, but in the context of a full-thickness skin
equivalent transplant. Thus, Anson cites Bell in teaching that “[g]enetically
modified fibroblasts could be reintroduced into patients . . . as part of a full-
thickness skin equivalent structure, an artificial skin of cultured fibroblasts and
keratinocytes that is quickly vascularized following engraftment.” Anson, page
18. Similarly, in citing Bell, Palmer teaches that “genetically modified fibroblasts
could be reintroduced into patients as part of a full-thickness skin-equivalent
structure, an artificial skin of cultured fibroblast and epidermal cells that is quickly
vascularized when transplanted onto freshly prepared graft beds.” Palmer, page
1059. If, as the examiner suggests, the level of skill in the art is so high, and the
risks associated with full-thickness skin grafts so well known, then why didn’t one
of the references cited in the rejection suggest the use of the collagen-matrix
taught by Bell? While a person of ordinary skill in the art may possess the
requisite knowledge and ability to modify the protocol taught in the prior art, the
modification is not obvious unless the prior art suggested the desirability of the
modification. In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir.
1984). As acknowledged by the examiner, Bell does not teach or suggest uses
for the collagen lattice alone, thus, on this record, we see no reason to modify
the references as applied.
OTHER ISSUES
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