Ex parte HERSHENSON - Page 8

                 Appeal No. 1997-2133                                                                                                                
                 Application 08/172,507                                                                                                              

                 choices is likely to be successful in achieving a stabilized stem cell factor protein.  The fact                                    
                 that the claimed combination falls within the scope of possible combinations taught therein                                         
                 does not render it unpatentably obvious.  See In re O'Farrell, 853 F.2d 894, 903, 7 USPQ 2d                                         
                 1673, 1681 (Fed. Cir. 1988).                                                                                                        
                          Moreover, Appellant’s arguments directed to the unexpected results obtained from the                                       
                 present invention are relevant.  As stated in In re O'Farrell, 853 F.2d at 903, 7 USPQ2d at                                         
                          There is always at least a possibility of unexpected results, that would then                                              
                          provide an objective basis for showing that  the invention, although apparently                                            
                          obvious, was in law nonobvious.                                                                                            

                          Appellant argues that the claimed invention provides an unexpected improvement in                                          
                 the level of stability of lyophilized stem cell factor, especially in view of the teachings away from                               
                 the claimed invention found in the cited references.  To support this position appellant relies                                     
                 on evidence presented in the specification, Example 1 and Figure 1.  This evidence appears                                          
                 to show that stem cell factor samples buffered with glutamic acid, histidine and sucrose in                                         
                 varying combinations, are more stable and contain less cross-linked dimer degradation                                               
                 product than formulations of the same pH buffered with a single amino acid or non-amino acid                                        
                 (succinate).  Brief, page 15.                                                                                                       


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