Appeal No. 1997-2639
Application No. 08/237,129
venom is a growth factor which would be useful in wound healing. Answer, page 5. It is
noteworthy that during the oral hearing on January 11, appellant also stipulated that the $-
taipoxin used in the method of appellant and that of Lind are the same.
The examiner finds that Siigur evidences that Vipera berus berus venom is a
source for nerve growth factor (NGF) and shows the isolation and purification of this factor.
Siigur states that NGF may be isolated from other venoms. Banks also describes the
isolation of NGF from snake venoms. Lawman is relied on for the use of NGF to promote
wound healing.
The examiner’s position is that, based on the disclosure that NGF accelerates
wound healing and that NGF is found in snake venoms, “it would have been obvious to one
of ordinary skill in the art that the protein isolated from taipoxin can also be reasonably
expected to be a growth factor and to accelerate and promote wound healing.” Answer,
page 6. It would have also been obvious “to incorporate the factor in an ointment since
this is a conventional expedient [sic, excipient] in medications for wound healing because
of its administration to lesions and wounds.” Id.
At best, the examiner has shown that nerve growth factor has been isolated from the
venom of other types of snakes and that nerve growth factor has been found to be useful in
the treatment of wounds. The examiner has not indicated, and we do not find, evidence of
record which shows that any component of the venom from the taipan snake (Oxyuranus s.
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