Ex Parte PLASSE - Page 4




              Appeal No. 94-2477                                                                                       
              Application 07/893,554                                                                                   



              been made.  Graham v. John Deere Co., 383 US 1, 17, 148 USPQ 459, 467 (1966).                            
              Thus, it would behoove any person making a patentability determination under 35                          
              U.S.C.  103 to seek out and consider the most complete factual basis prior to reaching                  
              the legal question.  Clearly, obtaining and considering full text documents, instead of                  
              relying upon abstracts thereof whether obtained from their original source or from a                     
              computer database, when the full text documents are readily available, provides a more                   
              complete factual basis.                                                                                  
                     An example of why reliance should be placed upon full text articles instead of                    
              abstracts whenever possible is seen from the examiner’s consideration of the Vaupel                      
              abstract.  The examiner made the following finding at page 3 of the Examiner’s Answer,                   
              “Vaupel et al teach that delta-9-THC stimulates food consumption in normal subjects.”                    
              However, the Vaupel abstract indicates that delta-9-THC was administered to “food                        
              deprived dogs.”  The record does not indicate on what basis the examiner determined                      
              that food deprived dogs are “normal subjects.”  Consideration of the full text Vaupel                    
              article confirms that that study involved dogs, not humans.  However, Vaupel indicates                   
              in the bridging paragraph of page 543 that the dog can be used “as species for                           
              evaluating cannabinoid derivatives that may enhance appetite while lacking the                           
              capability to produce sedation.”  The full text article of Vaupel then indicates that the                
              results of the study indicate that delta-9-THC may be useful in treating human                           
              conditions.                                                                                              
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