Appeal No. 1996-2211
Application No. 08/018,546
Yang, et al. (Yang) Theriogenology, Volume 35, Number 1, p. 297, (January 1991).
Claims 5-9 are rejected under 35 U.S.C. § 103 as unpatentable over Hasler et al., taken with
Takahashi et al., Ealy et al., or Bannai. We reverse in lieu of new grounds of rejection under 37 CFR §
1.196(b).
DISCUSSION
In reaching our decision in this appeal, we have given careful consideration to the appellants’
specification and claims, and to the respective positions articulated by the appellants and the examiner.
We make reference to the Examiner’s Answer (Paper No. 13, mailed December 27, 1994), and the
Supplemental Examiner’s Answer (Paper No. 16, mailed April 17, 1995) for the examiner’s reasoning in
support of the rejection. We further reference appellant’s Brief (Paper No. 12, filed October 3, 1994),
and appellant’s Reply Brief (Paper No. 14, filed January 23, 1995) for the appellants’ arguments in favor
of patentability.
The claims on appeal are directed to a method of transporting non-frozen bovine embryos in a
transportation medium containing a thiol compound.
Claims 5-9 are rejected as unpatentable over Hasler taken with Takahashi, Early, or Bannai.
Hasler teaches the survival of bovine embryos subjected to six different methods of transportation. The
transportation medium of Hasler is PBS supplemented with 1, 9 or 16% FCS. Hasler reports that “[n]o
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