Appeal No. 2000-1930 Page 9
Application No. 08/232,452
As noted above, the examiner never separately addressed the
patentability of the product of claim 29. Upon return of the application, the
examiner may wish to consider the patentability of the product separately from
the method of use. The combination of Palmer or Anson with Bell suggests the
use of a full-thickness skin equivalent to introduce genetically modified
fibroblasts, and one of the intermediates would possibly be the collagen matrix of
Bell combined with the genetically modified fibroblasts of Palmer or Anson or
one of the other references cited by the examiner. But as this is not the rejection
of record, and as appellants have not had the opportunity to address the issue of
a possible intermediate with respect to the product claim, we are raising the
issue here, and not affirming the rejection over the combination as to the product
of claim 29.
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