Appeal No. 2007-0531 Page 11
Application No. 10/341,679
6. two generations of the AdGVCFTR.10 “designated
AdGVCFTR.10L and AdGVCFTR.10R, dependent on the direction
in which the CFTR expression cassette is placed in the E1
region in relation to the vector genome as shown in
FIG. 1. . . .” Column 15, lines 51-57.
Kovesdi does not teach:
1. a replication-deficient adenoviral vector comprising
VEGF.
2. the injection of a replication defective recombinant
adenoviral vector comprising VEGF121 DNA directly to the
internal surface of the heart.
Principles of Law:
“The test for obviousness is not express suggestion of the claimed
invention in any or all of the references but rather what the references taken
collectively would suggest to those of ordinary skill in the art presumed to be
familiar with them.” In re Rosselet, 347 F.2d 847, 851, 146 USPQ 183, 186
(CCPA 1965).
Obviousness does not require absolute predictability of success. For
obviousness under § 103, all that is required is a reasonable expectation of
success. In re O’Farrell, 853 F.2d 894, 904, 7 USPQ2d 1673, 1681 (Fed. Cir.
1988).
Analysis:
Claims 1-4, 6, 10, 19, 20 and 22
French teaches that those of ordinary skill in the art, in the field of
cardiology, are interested in introducing recombinant genes directly into the heart
for the treatment of disease. French demonstrates that multiple injections of a
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