Appeal No. 2000-0441 Page 4
Application No. 08/866,942
Moreover, we know of no authority, and the examiner cites none, that supports
the proposition that structural differences in the claimed primary cells must “translate or
result in activities or functions that are distinct” (Answer, page 3) from those of prior art
cells in order to avoid anticipation.
With respect to obviousness, the examiner argues that “even if differences did
exist and they also resulted in distinctions in expression activity, [Wadsworth] already
provides those differences.” Answer, page 4.
Wadsworth is directed to developing transgenic animal models for Alzheimer’s
disease. The models express the three normal forms of the $-amyloid precursor
protein (APP) as well as various naturally occurring mutated forms. Abstract. “The
transgenic animals and animal cells are used to screen compounds for a potential
effect in the treatment of Alzheimer’s disease using standard methodology[;] [a]
compound is administered to the animals or introduced into the culture media . . . then
the animals or animal cells are examined for alterations in APP expression,
histopathology, and/or behavior.” Column 15, line 64 to column 16, lines 1-3. While
Wadsworth does teach that “[c]ell cultures can be isolated from the transgenic animals
or prepared from established cell lines using the same constructs with standard cell
transfection techniques” (column 5, lines 1-4), all of the transgenic cell lines used in the
examples were derived from established cell lines, and most have non-native inducible
promoters. None of the animals or animal cells contain reporter genes, thus expression
of APP is measured using Northern blots, antibody detection, and Western blots.
According to the examiner, Wadsworth, “[t]aken together with the teachings of
Foulkes [ ] who demonstrate that reporter constructs like those of the instant claims are
introduced into cells via homologous recombination and the teachings of Skoultchi [ ]
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