Appeal No. 94-2990
Application 07/932,577
of appellant’s pharmaceutical composition.
On this record, we find that Bartlett constitutes the
closest prior art. Bartlett discloses a method of treating
chronic rejection reactions of an organ recipient to a
transplanted organ by administering to the recipient an effective
amount of a pharmaceutical composition containing, as an active
ingredient, the same compounds illustrated in claim 11.
Accordingly, the sole difference between the method defined in
claims 11 through 15, 22 and 23 and the method disclosed by
Bartlett is the difference between treating hyperacute rejection
and chronic rejection.
The examiner does not point to any portion of Bartlett, or
any other reference of record, disclosing or suggesting that
chronic rejection be treated by administering an effective amount
of the pharmaceutical composition before transplantation, during
transplantation, or within minutes after transplantation. In
setting forth the rejection under 35 USC § 103, the examiner does
not rely on prior art disclosing or suggesting that chronic
rejection be treated by administering an effective amount of the
pharmaceutical composition essentially contemporaneous with
transplantation. On the contrary, Bartlett discloses that “[t]he
animals were treated for the first time on the 17th day after the
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