Appeal No.1997-0466
Application 08/154,158
including concentrations of hyaluronidase which are about 10 to 1000 times greater than
those described in Pinnell. In addition, appellant argues that the disclosure of Pinnell
pertains to hypertrophied scar tissue which consists primarily of collagen connective
tissue. In contrast, the prostate tissue treated with the claimed composition is different
from the collagen tissue treated by the composition of Pinnell, as prostate tissue is
composed of smooth muscle tissue and fibrous connective tissue. Brief, page 6. Thus,
appellants argue there is no motivation provided to one of ordinary skill in the art in Pinnell
to increase the amount and concentration of enzymes to the levels claimed in appellants
composition to a level appropriate to dissolve smooth muscle tissue as well as connective
tissue. Brief, pages 7-8.
On this basis we do not find the examiner has provided sufficient evidence or
support for the claimed hyaluronidase concentrations to establish a prima facie case of
obviousness. The rejection of claims 2, 53-55 and 72 under 35 U.S.C. 103 over Pinnell is
reversed.
35 U.S.C. 103
Claims 49-52 and 56-60 stand rejected under 35 U.S.C. 103 over Pinnell in view of
Cawston.
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