Appeal No. 1996-2211
Application No. 08/018,546
Similarly, with this interpretation, a “[m]ethod of transporting bovine embryos” is not distinguishable
from a method of culturing bovine embryos. In this instance, claims 5 and 7 are rejected under 35
U.S.C. § 102(a) as anticipated by Takahashi. As set forth in RCA Corp. v. Applied Digital Data
Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir 1984):
Anticipation is established only when a single prior art reference
discloses, expressly or under principles of inherency, each and every
element of a claimed invention. (citation omitted).
Takahashi teach an improved medium for the culture of bovine embryos. This medium includes TCM-
199 supplemented with 10% FCS containing 10 or 50 TM cysteamine at 39EC. Takahashi teach that
development to blastocyts was significantly higher when embryos were cultured in the medium
containing 10 and 50 TM cysteamine than when they were cultured in the medium without cysteamine.
While Takahashi is silent with regards to transporting steps, the process inherently includes the step of
moving cells from e.g. the laboratory bench to the “warm box.” Therefore, the claimed method of
transporting, comprising transporting bovine embryos in a transportation medium containing a thiol
compound, is described and, thus, anticipated by Takahashi.
In the alternative, the claims can be interpreted as transportation over a long distance, e.g. from
the laboratory to a farm for implantation of the embryos. In this instance, claims 5 and 7 are rejected
under 35 U.S.C. § 103 as unpatentable over the combined teachings of Takahashi and Hasler.
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