Appeal No. 2001-1498 Page 3
Application No. 08/912,378
Merchat et al. (Merchat), “Meso-substituted Cationic Porphyrins as Efficient
Photosensitizers of Gram-positive and Gram-negative Bacteria,” J.
Photochemistry and Photoiology B: Biology, Vol. 32, pp. 153-157 (1996)
GROUNDS OF REJECTION
Claims 9-12 and 14 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Gibbs.
Claim 13 stands rejected under 35 U.S.C. § 102(b) as anticipated by or, in
the alternative, under 35 U.S.C. § 103 as obvious over Gibbs.
Claims 1-4 stand rejected under 35 U.S.C. § 103 as being unpatentable
over any one of Takle, George or Sessler in view of Merchat.
Claims 4-8 stand rejected under 35 U.S.C. § 103 as being unpatentable
over any one of Takle, George or Sessler in view of Merchat and further in view
of Ortigao, Yuan, Kobayashi and Winnacker.
Claims 15, 16 and 33 stand rejected under 35 U.S.C. § 103 as being
unpatentable over any one of Gibbs or Ortigao in view of Yuan, Kobayashi and
Winnacker.
We reverse.
DISCUSSION
THE REJECTION UNDER 35 U.S.C. § 102:
According to the examiner (Answer, page 6), Gibbs “teaches compositions
comprising calf thymus DNA, … ionically bound and intercalated by synthetic
porphyrins….” In addition, the examiner finds (Answer, page 16), “[a]ny nucleic
acid or nucleic acid derivative can be used in the disclosed porphyrin
compositions and delivered to bacterial cells using the disclosed method.”
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007