Ex parte FOLEY et al. - Page 3



                 Appeal No. 1999-0031                                                                                
                 Application No. 08/168,438                                                                          

                 Mohr et al. (Mohr)                      AU-B-63391/90        Mar.   3, 1993                        

                 Bio-Rad Catalog, “Chromatographic Supports,” Life Science Research Products,                        
                 pp. 11-12 (1993)                                                                                    
                 Heinmets et al. (Heinmets), “Inactivation of Viruses in Plasma by Photosensitized                   
                 Oxidation,” Joint Report with the Naval Medical Research Institute , WRAIR-53-                      
                 55, pp. 1 -16 (1995)                                                                                
                        Claims 5, 7, 9, 15, 17, 19, 20, 27, and 29-33 stand rejected under 35                        
                 U.S.C. § 102(b) as anticipated by Mohr.                                                             
                        Claims 5-7, 14-17, 19, 20, 25-27, and 29-38 stand rejected under 35                          
                 U.S.C. § 103 as obvious over Heinmets in combination with either Sugiyama or                        
                 Hodgson.                                                                                            
                        Claim 9 stands rejected under 35 U.S.C. § 103 as obvious over Heinmets                       
                 in combination with either of Sugiyama or Hodgson, and Bio-Rad.                                     
                        We affirm in part and reverse in part.                                                       
                                                    Background                                                       
                        Appellants’ specification discloses a method for inactivating viruses in                     
                 body fluids such as blood.  In the disclosed method, a photoactive virus-                           
                 inactivating agent is added to the blood.  Specific virus -inactivating agent                       
                 mentioned in the specification are “psoralens, porphyrins, dyes, such as                            
                 methylene blue, phthalocyanines, phenothiazines, hypericin, and other                               
                 compounds that are activated by light.” Page 7, line 30 to page 8, line 2.  The                     
                 blood is then irradiated to activate the virus -inactivating agent and thereby                      
                 inactivate viruses in the blood.  Specification, page 5.  Finally, the virus-                       


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