Ex parte WOLOZIN et al. - Page 7




                Appeal No. 95-4464                                                                                                            
                Application 07/605,788                                                                                                        



                expected that neuroblasts derived from AD patients and cultured                                                               
                in vitro to express AD-specific markers.                                                                                      
                         Thus, even if we assume, arguendo, that the culturing of                                                             
                human olfactory neurons would have been obvious to one of                                                                     
                ordinary skill in the art in view of the teachings of Talamo and                                                              
                Coon, the question remains as to whether the neuroblasts derived                                                              
                from AD patients would, after their adaptation to tissue culture                                                              
                conditions and/or differentiation in vitro, express AD-specific                                                               
                markers.  Here, the appellants have presented evidence that the                                                               
                phenotype and genotype of animal cells may be altered when they                                                               
                are placed in culture.   Thus, on this record, it appears that3                                                                                        
                the mere fact that Talamo reports that the neurotic masses in                                                                 
                olfactory epithelium comprising differentiated cells derived from                                                             
                AD patients and taken at autopsy, could be stained with the AD-                                                               
                specific monoclonal antibody, ALZ-50, would not necessarily have                                                              
                suggested that neuroblasts derived from AD patients, or neuro-                                                                
                blasts from AD patients and placed in culture, would express the                                                              
                antigen recognized by ALZ-50.                                                                                                 
                         Similarly, even if we assume, arguendo, that the culturing                                                           

                         3The appellants have submitted an excerpt from the textbook                                                          
                Microbiology, Second Edition, Davis, et al., Harper & Row,                                                                    
                publishers, NY, p. 1122 (1973).                                                                                               
                                                                      7                                                                       





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007