Appeal No. 1996-0927
Application 07/888,203
The examiner concludes that (Answer, paragraph bridging pages 4-5):
it would have been obvious to one of ordinary skill to genetically
engineer stem cells and stromal cells with the genes encoding the
ligand and receptor, respectively, of a ligand-receptor pair, in
order to increase the cell-to-cell interaction of the stem cells with
the stromal cells . . . .
It is the initial burden of the patent examiner to establish that claims presented in an
application for patent are unpatentable. In re Oetiker, 977 F.2d 1443, 1446, 24 USPQ2d
1443, 1445 (Fed. Cir. 1992). We have carefully considered the evidence and discussion
in support of the rejection presented by the examiner. However, a fair evaluation of the
references, applicant's specification and consideration of the claimed subject matter as a
whole, dictates a conclusion that the construction of the claimed method from the prior art
teachings is not suggested.
As urged by appellant, Anklesaria 1) does not disclose stromal cells which have
been genetically engineered to express a member of a ligand-receptor binding pair, 2)
does not disclose the administration of genetically altered stem cells to a host, and 3) does
not disclose stem cells that have been genetically engineered to express a member of a
ligand-receptor binding pair and then administered to a host. (Principal Brief, page 6).
While disclosing genetically engineered stem cells which includes a EGF receptor, Pierce
does not suggest the administration of these stem cells, in combination with a genetically
altered stromal cells, to a host. Ohkawa describes hematopoietic cellular interaction with a
clonal human marrow stromal cell line. However, none of the cells or cell lines, of Ohkawa,
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