Appeal No. 2001-1907 Page 10
Application No. 08/694,315
less than 0.2 nm. As taught by the specification, 0.2nm is the sensitivity of a
radioimmunoassay method used to determine the amount of histamine
remaining after its removal by dialysis. See Specification, page 10.
As acknowledged by the rejection, Yoshii I, Yoshii II, Naiki, Getlik,
Takashi, while teaching histamine added immunoglobulin, do not teach the
removal of the histamine after activation of the immunoglobulin. The examiner
relies upon McMichael for providing motivation for removing the histamine from
the histamine/immunoglobulin mixture. That reliance, however, is misplaced.
McMichael is drawn to compositions comprising histamine and one or
more immunogenic substances “specifically immunologically associated with the
disease state,” wherein “[t]he compositions are administered in small,
‘neutralizing doses.” McMichael, column 4, lines 27-33. Immunoglobulin, which
McMichael teaches is associated with rheumatoid arthritis, is just one example of
an immunogen that may be used according to the method taught by the patent.
See id. at column 6, Table. While admittedly McMichael teaches that only
minute doses of histamine are required, see id. at column 7, lines 22-27, the
rejection neglected to read that portion in light of the teaching that the total
volume of a total dose is also small, i.e., from 0.05 cc to 0.5 cc, see id. at column
7, lines 4-12. Thus the reference does not support the conclusion that one
would have been motivated to remove the histamine because of the small
amount of histamine administered, as the volume of the unit dosage is also
small.
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