Appeal No. 1996-2209
Application No. 08/031,346
body fluids to sub-cell size substances by cell lysis (claims 1 and 25). We agree. While Zee
and Wiesehahn indicate that blood components may be treated with ozone we do not find a
specific indication in the cited references of reducing the body fluids to sub-cell size
substances by cell lysis to obtain suspensions exhibiting immunomodulatory properties, as
claimed. Nor do we find that the examiner has provided evidence of record to support a
process of production of a germicidally treated suspension as set forth in claim 26, which
includes a step of “combining the fraction containing the erythrocytes and the fraction
containing the plasma and the urine filtrate for generating a combined suspension.”
We find the examiner has not established a prima facie case of obviousness on the
record before us, or that the cited references both suggest the claimed subject matter and
reveal a reasonable expectation of success to one reasonably skilled in the art. The rejection
of the claims for obviousness of the claimed invention is reversed.
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