Appeal No. 94-2990
Application 07/932,577
arises why a person having ordinary skill in the art would have
considered it desirable to treat those recipients with Bartlett’s
composition. For all this record shows, it would have been more
plausible to treat the recipients of xenogeneic transplantation
for acute rejection or “accelerated rejection”. See the Paul
text on Fundamental Immunology, relied on by the appellant, page
907, section entitled “Acute Rejection”. Again, 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 drawn to treating
rejection reactions resulting from xenogeneic transplantation.
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 claims 16
through 21.
As in In re May, 574 F.2d 1082, 1092, 197 USPQ 601, 609
(CCPA 1978), “the record reflects both an expected beneficial
result . . . and an unexpected beneficial result.” Consequently,
“it is necessary to determine the weight to be accorded each
prior to making the ultimate determination on the issue of
obviousness.” Id. We have carefully reviewed the Kammerer and
Ertel disclosures for motivation to use their compounds to treat
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