Ex parte KNEPP et al. - Page 4




             Appeal No. 1997-2356                                                                                 
             Application 08/109,798                                                                               



             soluble extenders or carriers which may include tricarboxylic and dicarboxylic acids (e.g.           
             citric acid and tartaric acid) and inorganic salts, such as sodium or potassium phosphate.           
             The water content of the lyophilized composition is preferred to be less than 1% but may             
             be as high as 5%.  Answer, page 5.  The pH of the growth factor formulations described by            
             Finkenaur may be between 5 and 8.  Finkenaur, page 5, lines 5-6.   In one particular                 
             growth factor formulation, sodium chloride is used as a tonicity agent.  Finkenaur, example          
             1, page 6.  Thus Finkenaur provides general evidence of a formulation comprising nerve               
             growth factor, biologically acceptable salts, buffers providing the claimed pH range and             
             water.  The specific examples of Finkenaur, however, appear to be directed to EGF                    
             formulations.                                                                                        
                    The examiner relies on Pignatti for establishing an acceptable pH range for NGF of            
             4.0 to 10.  Pignatti, Table I, page 157, Figure 1.  More particularly, Pignatti discloses  NGF       
             is biologically active and does not aggregate in a pH range of 4.0 to 7.6, which overlaps            
             the claimed pH range of 4.5 to 6.0.  Pignatti, Table I, page 157, Figure 1.                          
                    Wang is relied on by the examiner primarily for establishing that serum albumin is a          
             known stabilizer for enzymes.  Answer, page 7.  Diem is indicated by the examiner                    
             to establish the concentration of NaCl in normal saline of 0.85%.  Diem additionally                 
             discloses that sodium citrate/HCl has buffering capacity in the range of 1.2 to 5.0 and that         



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