Appeal No. 94-2990
Application 07/932,577
first injection of the donor cells”. See Bartlett, column 2,
lines 63 through 65. Bartlett further discloses an experimental
protocol for treatment “[f]rom day 17 onwards” in column 3, lines
4 through 30. Manifestly, the Bartlett reference, considered
alone or in conjunction with the remaining references relied on
by the examiner, is insufficient to support a conclusion of
obviousness of method claims containing the limitation
“hyperacute”. As discussed supra, that limitation is critical
and restricts the timing of administration of appellant’s
pharmaceutical composition in method claims 11 through 15, 22 and
23.
We next consider claims 16 through 21, drawn to a method of
treating rejection reactions of an organ recipient to a
transplanted organ from a different species.2
Again, we find that Bartlett constitutes the closest prior
art. Having carefully reviewed the Bartlett patent in its
entirety, we find that this patent is restricted to allogeneic
transplantation. This follows because:
2 As explained in the Auchincloss reference, relied on by the examiner,
xenogeneic transplantation is the transplantation of organs or tissues from a
member of one species to that of another. Allogeneic transplantation is the
transplantation of organs or tissues between members of the same species.
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