Ex Parte GRADY et al - Page 2


                 Appeal No.  2001-1499                                                          Page 2                  
                 Application No. 08/957,654                                                                             
                            ulcers and diabetic ulcers comprising a therapeutically effective                           
                            amount of alpha-1-antitrypsin.                                                              
                        The references relied upon by the examiner are:                                                 
                 Schwarz et al. (Schwarz)                   4,377,572            Mar. 22, 1983                          
                 Glover et al. (Glover)                    4,829,052            May 9, 1989                            
                 Lezdey John et al. (Lezdey)                5,134,119            Jul. 28, 1992                          
                 Gillis et al. (Gillis)                    5,202,118            Apr. 13, 1993                          
                 Clark et al. (Clark)               WO 88/00239                  Jan. 14, 1988                          
                 Rao et al. (Rao), “α1-Antitrypsin Is Degraded and Non-Functional in Chronic                            
                 Wounds But Intact and Functional in Acute Wounds:  The Inhibitor Protects                              
                 Fibronectin from Degradation by Chronic Wound Fluid Enzymes,” J. Invest.                               
                 Dermatology, Vol. 105, No. 4, pp. 572-78 (1995)                                                        
                                             GROUNDS OF REJECTION                                                       
                        Claim 7 stands rejected under 35 U.S.C. § 102(b) as anticipated by                              
                 Schwarz.                                                                                               
                        Claim 7 stands rejected under 35 U.S.C. § 102(b) as anticipated by                              
                 Lezdey.                                                                                                
                        Claim 9 stands rejected under 35 U.S.C. § 103 as being unpatentable                             
                 over Schwarz in view of Clark.                                                                         
                        Claims 1-3, 7 and 8 stand rejected under 35 U.S.C. § 103 as being                               
                 unpatentable over Gillis.                                                                              
                        Claims 1-3, 7 and 8 stand rejected under 35 U.S.C. § 103 as being                               
                 unpatentable over Gillis in view of Rao.                                                               
                        Claims 5 and 9 stand rejected under 35 U.S.C. § 103 as being                                    
                 unpatentable over Gillis in view of Rao and further in view of Clark.                                  
                        Claim 6 stands rejected under 35 U.S.C. § 103 as being unpatentable                             
                 over Gillis in view of Rao and further in view of Glover.                                              







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