Ex parte KIEF - Page 5




               Appeal No. 1996-2209                                                                                                    
               Application No. 08/031,346                                                                                              



              producing the germicidally treated suspension includes taking a body fluid, such as urine or                             
              blood from a person suffering from one of the indicated illnesses and desaggregating or                                  
              fractionating the body fluids by reducing the body fluids to individual fractions of sub-cell size                       
              substances by cell lysis.  The specification suggests that only after breaking up or destruction                         
              of the cell membrane are many very important immune-modulatory substances accessible to                                  
              oxidation.   Specification, page 13.  Cell lysis can be performed mechanically, enzymatically                            
              and/or osmotically.  More particularly, cell lysis may occur by means of homogenization,                                 
              freezing, osmosis or by the use of proteolytic enzymes such as pepsin, papain or bromelain.                              
              Id.                                                                                                                      
                      Ozonation or irradiation of each individual fraction is conducted to provoke a                                   
              substantially stronger alteration process of the proteins, lipids and other structures, than                             
              occurs from ozonation of untreated (unfractionated) blood.  Specification, page 10. After                                
              separate treatment of the fractions with ozone or irradiation, either part or all of the                                 
              fractionated initial substances are then recombined to form a uniform suspension.                                        
              Specification, page 14.                                                                                                  
              Grounds of Rejection                                                                                                     
              1.      Claims 1-26 stand rejected under 35 U.S.C. § 112, first paragraph as unpatentable for                            
              lack of enablement.                                                                                                      
              2.      Claims 1-26 stand rejected under 35 U.S.C. § 101 as unpatentable for lack of utility.                            

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