Appeal No. 2001-0400
Application No. 08/751,624
Claims 1 and 16 are representative and read as follows:
1. A method for substantially completely inactivating viruses in a blood
product, comprising:
providing a blood bag comprising a transparent wall retaining said blood
product comprising said viruses;
adding to said blood bag a phenothiazine dye in an amount sufficient to
produce a dye concentration in said blood product in the range of from about 0.5
µM to about 2 µM; and
irradiating said blood bag and said blood product comprising
phenothiazine dye retained therein with visible light having a wavelength in the
range of the absorption peak of said phenothiazine dye, wherein said irradiation
passes through said transparent wall to said phenothiazine dye and continues for
a period of time sufficient to substantially completely inactivate said viruses.
16. A method for removal of phenothiazine dye from a blood product, said
method comprising passing said blood product over an adsorbing agent which
strongly binds said phenothiazine and only weakly binds blood proteins, said
adsorbing agent being selected from the group consisting of silica gel,
polystyrene-divinylbenzene, acrylic ester polymers having a pore size in the
range of from about 10Å to about 300 Å, and combinations thereof.
The examiner relies on the following references:
Hodgson et al. (Hodgson) 4,190,542 Feb. 26, 1980
Sugiyama et al. (Sugiyama) 4,728,432 Mar. 1, 1988
Bio-Rad Catalog, “Chromatographic Supports,” Life Science Research Products,
pp. 11-12 (1993)
Heinmets et al. (Heinmets), “Inactivation of Viruses in Plasma by Photosensitized
Oxidation,” Department of Defense Research Report, WRAIR-53-55, pp. 1-16
(1955)
Claims 1-3, 5-16, 19-22, 24, and 27 stand rejected under 35 U.S.C. § 112,
first paragraph, as unsupported by an enabling disclosure.1
1 The Examiner’s Answer actually states that “[c]laims 1-3, 5-24, 26, 27 stand rejected under 35
U.S.C. § 112, first paragraph.” However, claims 17 and 18 were cancelled in an amendment filed
June 15, 1998 (Paper No. 9). This amendment was denied entry as an after-final amendment
2
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