Appeal No. 1997-3944
Application No. 08/208,807
Bedell et al. (Bedell), “Amplification of human papillomavirus genomes in vitro is
dependent on epithelial differentiation,” J. Virology, Vol. 65, No. 5, pp. 2254-2260
(1991)
Davies et al. (Davies), “Induction of epstein-barr virus lytic cycle by tumor-promoting
and non-tumor-promoting phorbol esters requires active protein kinase C,” J.
Virology, Vol. 65, No. 12, pp. 6838-6844 (1991)
Dollard et al. (Dollard), “Production of human papillomavirus and modulation of the
infectious program in epithelial raft cultures,” Genes & Development, Vol. 6, pp.
1131-1142 (1992)
Li et al. (Li), “Epstein-Barr virus infection and replication in a human epithelial cell
system,” Nature, Vol. 356, pp. 347-350 (1992)
GROUND OF REJECTION2
Claims 1, 2, 4-8, 13, 15, and 16 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Bedell in view of Davies or Li and appellants’ admissions.
We reverse.
DISCUSSION
It is well-established that before a conclusion of obviousness may be made
based on a combination of references, there must have been a reason, suggestion
or motivation to lead an inventor to combine those references. Pro-Mold and Tool
Co. v. Great Lakes Plastics, Inc., 75 F.3d 1568, 1573, 37 USPQ2d 1626, 1629
(Fed. Cir. 1996). In this regard, the examiner directs our attention to Paper No. 163
for his reasoning in support of this rejection. According to the examiner (Paper No.
16, page 3) Bedell indicate “that replication of HPVs in epithelial cells in vitro may
2 We note the examiner’s Supplemental Answer (Paper No. 27, mailed July 1,
1996) withdrew the new ground of rejection under 35 U.S.C. §102(a)/103 over
Dollard, presented in the examiner’s Answer (Paper No. 25, mailed February 23,
1996).
3 Non-Final Rejection, mailed October 19, 1994.
2
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