Appeal No. 1997-1913
Application 08/238,149
components of PC in the heart cells of the subject at a younger age." The specification
states at page 9, lines 13-17, that the acyl chain length and the degree of acyl chain
saturation increase with age. The administration is repeated "over a period of at least
several days" until there is a significant drop in the serum creatinine phosphokinase level of
the subject. Guidance as to the dosage and timing of the administration is provided in the
specification at pages 13-14 and 19-20.
DISCUSSION
Claims 23-25 stand rejected under 35 U.S.C. ? 103(a) over Williams in combination
with Taylor. The examiner bears the initial burden of establishing a prima facie case of
obviousness under 35 U.S.C. ? 103. In re Warner, 154 USPQ 173, 177 (CCPA 1967). In
so doing, he or she must consider every limitation of the claimed invention. See In re
Royka, 490 F.2d 981, 180 USPQ 580, 582-83 (CCPA 1974); In re Wilson, 165 USPQ
494, 496 (CCPA 1970) ("All words in a claim must be considered in judging the
patentability of that claim against the prior art").
Claim 23 requires that the PC employed have "an acyl chain composition which is
characteristic, at least with respect to transition temperature, of the acyl chain components
of PC in the heart cells of the subject at a younger age." According to the specification
(see page 9, lines 13-17), both the acyl chain length and the degree of acyl chain saturation
increase with age. Thus, we agree with appellants that the requirements of claim 23 are
4
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007