Appeal No. 2001-1499 Page 6
Application No. 08/957,654
(Brief, page 13) Clark adds nothing to the shortcomings of the examiner’s
position concerning the broad and unfocused disclosure of Schwarz.
In response, the examiner explains (Answer, page 9), that claim 9, as it
depends from claim 7, “is a composition claim, and an intended use limitation
does not impart patentability to a composition claim in which the composition is
otherwise … obvious over the prior art.” We agree.
As explained by the examiner (Answer, page 3), Schwarz “teach a
composition for use in healing wounds in which the composition can comprise
0.5-90 mg/ml alpha-1-antitrypsin.” Furthermore, example 5 of Schwarz details
such a composition comprising 10mg/ml of AAT. Clark discusses a transgenic
method to provide a convenient source of large amounts of medically important
human proteins, including AAT. Clark, pages 1-3. In our opinion, the evidence
of record weighs in favor of the examiner. Accordingly, we affirm the rejection of
claim 9 under 35 U.S.C. § 103 as being unpatentable over Schwarz in view of
Clark.
Gillis:
According to the examiner (Answer, page 4), Gillis “teaches treating
wounds including chronic wounds such as chronic bedsores and ulcerative skin
conditions by administering a composition comprising IL-1 and optionally alpha-
antitrypsin.” The examiner, however, recognizes (Answer, page 5), Gillis “do not
teach that alpha-antitrypsin in and of itself has any intrinsic chronic wound-
treating properties.” Nevertheless, the examiner maintains (Answer, page 4) that
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