Appeal No. 2001-1524 Page 3
Application No. 08/615,058
which confers the useful property of increasing oxygen delivery to tissues.”
Kramer, however, does not teach chemically-modified stroma-free hemoglobin.
Answer, bridging paragraph, pages 3-4.
With regard to chemically-modified stroma-free hemoglobin, the examiner
finds (Answer, page 4) that Fischer “teach[es] a method for treating human burn
victims using hemoglobin that is recombinantly altered to have low oxygen
affinity.” In this regard, the examiner finds (id.), “Fischer specifically teaches that
his cross-linked hemoglobin advantageously increases tissue oxygenation in a
patient.”
Based on this evidence, the examiner concludes (Answer, bridging
paragraph, pages 4-5):
It would have been obvious to one of ordinary skill in the art
at the time of the invention to modify the method of increasing
cardiac output for burn shock victims disclosed by Kramer by using
the modified, cross-linked hemoglobin taught by Fischer, because
Kramer motivates a method comprising the use of hemoglobin to
increase oxygen delivery to tissues, and Fischer teaches a
modified hemoglobin particularly useful for carrying out this
embodiment of Kramer’s [invention].
In response, appellants argue (Brief, page 8), “Kramer teaches increased
cardiac output from the use of ‘limited ratios of hyperosmotic sodium acetate and
sodium chloride.’” According to appellants (id.), Kramer “indicates that colloids
within its disclosed compositions (which include for example, stroma-free
hemoglobin …) are added to the solution to increase blood flow and the oxygen
carrying capacity of blood to improve oxygen delivery.” Therefore appellants
conclude (id.), [t]he clear teaching from Kramer is that a hyperosmolar solution of
sodium chloride and sodium acetate is necessary to increase cardiac output, not
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