Appeal No. 1996-0111
Application 08/041,428
Discussion
The rejections under 35 U.S.C. § 103
In considering the issues raised by this appeal, we have considered the Examiner's
Answer, the Supplemental Answer, the references relied on by the examiner, Appellant's
Brief and Reply Brief, the declarations of Dr. Brown and Dr. Coffey, as well as the record
as a whole.
Claims 1-26:
The examiner has cited references establishing a correlation between increased
levels of " -acid glycoprotein in the body fluids of humans (Fudenberg, Toyama, and
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Shell), rats (Ruhenstroth-Bauer) and dogs (Belpaire) and the presence in the animals of
certain disease or inflammatory conditions as compared to healthy animals. (Answer,
pages 5-6). While acknowledging that none of the references disclose "using these
correlations as a basis for managing farm animals or experimental animals" (Answer,
page 6), the examiner concludes that (Answer, pages 6-7):
it would have been obvious to one of ordinary skill to use the widely available
knowledge that increased " -AGP levels are indicative of disease or
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inflammation to assess the health status of groups of animals and to take
whatever action is necessary in order to diagnose the suspected condition
and subsequently to treat the condition in order to save the diseased animal
or to separate the affected animals from the healthy ones in order to prevent
contagion.
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