Appeal No. 1995-1977
Application 07/669,403
Dr. Evans provides a brief tutorial in mammalian development, a “glossary” of
relevant terms, and a table setting out Dr. Evans’ interpretation of the published
work of others in the field. In particular, Dr. Evans interprets the results
disclosed by Piedrahita and concludes that Piedrahita did not isolate embryonic
stem cells because “the cells obtained [by Piedrahita] were later shown not to
have the capacity of differentiation,” citing Piedrahita’s Ph.D. thesis as support.
The Evans declaration does not show that the prior art products differed
from those of the instant claims. The declaration adds no evidence to what is
disclosed in the references in the record. It merely presents Dr. Evans’
interpretation of the other references. Dr. Evans’ interpretation of Piedrahita’s
data is based solely on an experimental result allegedly presented in Piedrahita’s
thesis. However, Dr. Evans does not explain how the data in the Piedrahita
thesis led him to conclude that the cells disclosed therein, and allegedly shown to
lack the capability to differentiate, are identical to the P3 cell line discussed in the
relied-on Piedrahita reference. Therefore, as evidence to show that the P3 cell
line disclosed by Piedrahita does not meet the limitations of the instant claims,
the Evans declaration carries little, if any, weight.
In conclusion, the evidence of record shows that the cells disclosed by
Piedrahita share several characteristics with the ungulate embryonic stem cells
described and claimed in the i nstant application. Among other things, both the
prior art cells and the specification’s are round cells with large nuclei and
prominent nucleoli, which resemble teratocarcinomas. All of these properties
indicate that the P3 cells disclosed by Piedrahita were ungulate embryonic stem
cells, even by Appellants’ definition. The evidence of record therefore supports
the examiner’s finding that the cells disclosed by Piedrahita anticipate the
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