Appeal No. 2001-1499 Page 12
Application No. 08/957,654
GRIMES, Administrative Patent Judge, dissenting in part.
I agree with the majority’s conclusion and reasoning with respect to the
rejections based on Schwarz. However, I would affirm the rejections based on
Gillis and Rao, in combination and as combined with Clark or Glover. I therefore
dissent from the majority’s reversal of these rejections.1
The examiner rejected claims 1-3, 7, and 8 as obvious in view of Gillis and
Rao. The examiner cited Gillis as teaching a method of “treating wounds
including chronic wounds such as chronic bedsores and ulcerative skin
conditions by administering a composition comprising IL-1 and optionally alpha-
antitrypsin.” Examiner’s Answer, page 4. The examiner acknowledged that Gillis
did not teach the concentration of alpha-1-antitrypsin to add to the IL-1-
containing composition (Examiner’s Answer, page 4), nor did Gillis teach that
“alpha-antitrypsin in and of itself has any intrinsic chronic wound-treating
properties” (Examiner’s Answer, page 5). The examiner cited Rao to meet these
deficiencies. The examiner characterized Rao as “suggest[ing] that the topical
administration of alpha-1-antitrypsin would be useful in the treatment of chronic
wounds.” Examiner’s Answer, page 5. She concluded that it
would have been obvious to one of ordinary skill in the art at the
time Applicants’ invention was made to include alpha-antitrypsin in
the chronic wound-treating compositions of Gillis et al[.] for the
additional reason that the Rao et al[.] article suggests that alpha-
antitrypsin has intrinsic chronic wound-treating properties and
therefore its inclusion would have been expected to increase the
potency of the compositions of Gillis et al.
1 I also do not join the majority’s reversal of the rejection based on Gillis alone and the rejections
based on Lezdey. These rejections are cumulative in view of the rejections based on Gillis and
Rao, and the rejections based on Schwarz. Since it is not necessary to reach any of these
rejections, I express no opinion as to their merits.
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