Appeal No. 1997-3944
Application No. 08/208,807
have been controlled by a mechanism similar to that operable in Epstein-Barr virus
(EBV).” The examiner relies on Davies and Li (Paper No. 16, page 4) to teach the
ability of a protein kinase C inducer (TPA) to either “induce EBV infected cells from
the latent to lytic cycle” (Davies) or to induce “productive EBV virus production” (Li).
The examiner argues (Paper No. 16, page 5) that Bedell:
hypothesized that some similarities between the [sic] EBV and HPV
might exist with regard to the mechanisms governing latent vs.
productive (lytic) infections and that production of HPV might be
controlled by inducing cellular differentiation since it had been well
known that HPV replication in vivo was coupled to cellular
differentiation (See Introduction, 2nd paragraph).
The examiner then finds (Paper No. 16, page 5):
With this suggestion of Bedell et al., the ordinary skilled artisan would
have been motivated to use the teachings of Davies et al. or Yi [sic] et
al. on the use of a promoter of cellular differentiation such as a protein
kinase C inducer (TPA) which was known to efficiently induce EBV
cells from the latent to the productive or lytic state in order to induce
the differentiation of epithelial cells and the production of HPV in said
cultured epithelial cells.
The examiner’s rejection is based on a relationship between HPV and EBV,
which according to the examiner is taught by Bedell. However, according to
appellants’ (Brief4, page 12) “there is no motivation for one working with HPV to
look to conditions that may work with EBV.” Considering Bedell for what it fairly
teaches one of ordinary skill in the art we find only one citation to EBV in the Bedell
reference (page 2259, first column, last paragraph) which states “[a]s is the case
with Epstein-Barr virus, it is possible that two different HPV origins of replication
exist which have distinct roles in basal and suprabasal cells” [emphasis added,
4 Paper No. 24, November 6, 1995.
3
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007