Appeal No. 2000-1930 Page 3
Application No. 08/232,452
Garver Jr., et al. (Garver II), ”Clonal gene therapy: Transplanted mouse
fibroblast clones express human α1-antitrypsin gene in vivo,” Science, Vol. 237,
pp. 762-764 (1987).
Gospodarowicz, “[9] isolation and characterization of acidic and basic fibroblast
growth factor,” Methods in Enzymology, Vol. 147, pp. 106-119 (1987)
Anson et al. (Anson), “Towards gene therapy for hemophilia B,” Mol. Biol. Med.,
Vol. 4, pp. 11-20 (1987)
Claims 21, 24-28, 30 and 33-36 stand rejected under 35 U.S.C. § 103(a)
as being obvious over the combination of Miller, Anson or Palmer as combined
with Bell. Claims 22, 23, 31 and 32 stand rejected under 35 U.S.C. § 103(a) as
being obvious over the above combination as further combined with
Gospodarowicz. Claims 21, 24-30 and 33-36 stand rejected under 35 U.S.C.
§ 103(a) as being obvious over the combination of Garver I, Garver II or Selden
as combined with Bell. Finally, claims 22, 23, 31 and 32 stand rejected under 35
U.S.C. § 103(a) as being rendered obvious over the preceding combination as
further combined with Gospodarowicz. After careful review of the record and
consideration of the issues before us, we reverse.
DISCUSSION
Claims 21, 24-28, 30 and 33-36 stand rejected under 35 U.S.C. § 103(a)
as being obvious over the combination of Miller, Anson or Palmer as combined
with Bell. In addition, claims 21, 24-30 and 33-36 stand rejected under 35
U.S.C. § 103(a) as being obvious over the combination of Garver I, Garver II or
Selden, as also combined with Bell. As the issues on appeal with respect to the
above combinations are substantially identical, the rejections will be addressed
together.
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