Appeal No. 1996-2211
Application No. 08/018,546
difference in pregnancy rates resulted from storage of embryos in PBS containing 9% vs. 16% FCS.”
Presumably, since Hasler does not expressly mention it, and the results of treatment regime V are
statistically similar to Hasler’s other treatment regimes, there is no difference in pregnancy rates resulting
from storage of embryos in PBS containing 1% FCS.
There is some debate on the record as to the temperature that Hasler used to transport the
bovine embryos. However, appellants’ state at page 5 of their Brief that “it is believed that transportation
is effected by placing the embryos in PBS containing FCS and transporting them at room temperature.”
Since the only mention of a temperature in Hasler is “room temperature” we agree with appellants’
characterization. We also agree with appellants’ characterization at page 3 of their Brief, “that 37EC
corresponds to about 99EF which is achieved by using a ‘warm box.’”
Hasler teaches the use of what appears to be a minimal transportation medium, PBS
supplemented with FCS. Hasler, however, does not teach the use of a thiol compound in their
transportation medium. To overcome this deficiency in Hasler, the examiner relies upon the teachings of
Takahashi. (cysteamine ), Ealy (glutathione), and Bannai ($-mercaptoethanol), each of which teach a3
thiol compound as part of a culture medium for bovine embryos.
3Appellants’ specification at page 3 defines cysteamine as $-mercaptoethylamine.
4
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