Appeal No. 2001-1485
Application No. 08/532,211
page 4, lines 4-34).
The appellant also asserts that the Tenold and Mitra
references do not teach a decrease in ACA, and Tenold blames the
increase of ACA on aggregation of the monomers. (Id., page 5,
lines 1-11). Mitra, it is urged, fails to disclose a lowering of
ACA due to incubation conditions. (Id, page 5, lines 12-18).
We observe that it is not in dispute that the appellant’s
process combines two relatively well-known steps to accomplish
known functions. Neurath is known to provide acceptable viral
inactivation (Neurath, column 4, lines 1-18), and Tenold to
provide ISG solutions with low ACA (Tenold, column 8, lines 8-10).
Indeed, that is the basis for the examiner’s rejection -
inactivation of viruses and a low ACA are required for intravenous
preparations - therefore it would have been obvious to pretreat
the Tenold starting material to eliminate viruses. (Examiner’s
Answer, page 9, lines 1-20).
The examiner notes that none of the applied prior art teaches
an increase in ACA activity after viral inactivation by treatment
with trialkylphosphate and detergent, but also asserts that it was
art-standard knowledge that the level of ACA must be low for the
serum globulin to be injected intravenously (Examiner’s Answer,
page 8, lines 4-8).
However, the claimed subject matter requires that the
inactivation step result in an increase in ACA levels, and a
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007