Appeal No. 1997-2756
Application 08/242,728
muscle cells by treating the human airway smooth muscle cells with an effective amount of
an antithrombin agent so that the release of cytosolic calcium is inhibited. This treatment
is stated to result in the inhibition of the contraction and proliferation of human airway
smooth muscle cells which occur in individuals suffering from asthma.
Discussion:
The rejection under 35 U.S.C. § 102
In rejecting claims 3 and 6, the examiner cites Murray as disclosing at page
C-489, "the use of applicant' [sic, applicants'] pathway in the treatment of asthma."
(Answer, page 3).
We have carefully considered the evidence and reasoning presented by the
examiner in support of this rejection. However, a claim is anticipated only if each and
every element as set forth in the claim is found, either expressly or inherently described, in
a single prior art reference. Verdegaal Bros., Inc. v. Union Oil Co., 814 F.2d 628, 631, 2
USPQ2d 1051, 1053 (Fed. Cir.), cert. denied, 484 U.S. 827 (1987). Here, the reference
does not disclose inhibiting proliferation of human airway smooth muscle cells by
contacting human airway smooth muscle cells with an effective amount of an antithrombin
agent (claim 3) or treating asthma and related symptoms in an individual suffering from
asthma by administered to the individual an effective amount of an antithrombin agent
(Claim 6). The examiner acknowledges that the active agent
3
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