Appeal No. 1997-3275
Application No. 07/963,329
the neural retina and to the retinal pigment epithelium (e.g.,
Figures 1-4, pp. 2409-2410 and p. 2411). Specifically, IGF-I
[is] localized to the chorioid, ganglion cell layer, inner nuclear
layer, inner plexiform layer, outer nuclear layer, inner plexiform
layer, outer rod segment, pigment cell epithelium, and to the
sclera (e.g., Figure 1, C and F). In addition, receptors for IGF-I
and IGF-II were found in membrane preparations of retina
(e.g., p. 2411, Figures 5 and 6 and cols. 1 and 2).
The examiner relied on Leeson as providing (Answer, page 9):
evidence that photoreceptor cells (i.e., rods and cones) are
present in the outer nuclear layer of the retina and extend to the
pigment epithelium (pp. 556-564 and Figure 20-17, p. 556 in
particular).
The examiner combines the teaching of Leeson with that of Ocrant and concludes that (id.)
"it logically may be inferred that the photoreceptor cells, which are present in the
outer nuclear layer, express receptors for IGF-1."
The examiner relies on Fingl as teaching the general manner of using
pharmacological agents in vivo and the determination of the parameters for administering
such agents.
The examiner concludes that (Answer, paragraph bridging pages 9-10):
it would have been prima facie obvious to one of ordinary skill
in the art at the time the invention was made to modify the
method of treating neurons with IGF-1 in a mammal as taught
by U.S. Patent No. 5,068,224 and Hansson et al. to treat
photoreceptor neurons in particular to promote their survival,
because: (i) U.S. Patent No. 5,068,224 [Fryklund], Hansson et
al., EP 0227619 [Sara], and Fellows et al. collectively teach
that IGF-1 was known to simulate and to have a beneficial
effect on various types of neurons in general, and to promote
their regeneration, growth, differentiation, and survival; (ii) a
specific receptor that binds IGF-1 was known to be present in
the region of the retina where photoreceptor cells are present,
as taught by Ocrant et al. and Leeson et al.; and, (iii)
photoreceptors are a type of neuron, as taught by Leeson et al.
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