Appeal No. 2001-1264 Page 9
Application No. 08/819,630
A similar analysis applies to Hirai. This reference describes the removal of
serum amyloid protein from body fluids by use of an adsorbent which has an anionic
functional group. See, e.g., the abstract. As explained in column 1, lines 15-32 of
Hirai, amyloidosis is associated with various conditions including those of the kidney.
As explained in the paragraph bridging pages 3-4 of the present specification, the
condition identified as dialysis amyloidosis is associated with dialysis therapy as well as
the overproduction of chemokines.
Thus, it appears that the treatment of body fluids from a patient suffering from
dialysis amyloidosis per the teachings of Hirai using an adsorbent which comprises a
solid material having an anionic functional group will necessarily remove chemokines.
Time Period for Response
This opinion contains a new ground of rejection pursuant to 37 CFR § 1.196(b).
37 CFR § 1.196(b) provides that, “A new ground of rejection shall not be considered
final for purposes of judicial review.”
37 CFR § 1.196(b) also provides that appellants, WITHIN TWO MONTHS FROM
THE DATE OF THE DECISION, must exercise one of the following two options with
respect to the new ground of rejection to avoid termination of proceedings (§ 1.197(c))
as to the rejected claims:
(1) Submit an appropriate amendment of the claims so rejected or
a showing of facts relating to the claims so rejected, or both, and have the
matter reconsidered by the examiner, in which event the application will
be remanded to the examiner. . . .
(2) Request that the application be reheard under § 1.197(b) by the
Board of Patent Appeals and Interferences upon the same record. . . .
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