Appeal No. 2001-1576 Page 2
Application No. 08/460,622
The references relied upon by the examiner are:
(Sutherland) Separation and purification of bacterial antigens in HANDBOOK OF
EXPERIMENTAL IMMUNOLOGY pp. 2.11-12 (D.M. Weir, ed., 3rd ed., Blackwell
Scientific Publications, Oxford 1978)
Ichiman et al. (Ichiman), “Protective antibodies in human sera against
encapsulated strains of Staphylococcus epidermidis,” J. Applied Bacteriology,
Vol. 63, pp. 165-69 (1987)
Fischer, “Therapeutic Uses of Intravenous Gammaglobulin for Pediatric
Infections,” New Topics in Pediatric Infectious Disease, Vol. 35, No. 3, pp. 517-
33 (1988)
Etzioni et al. (Etzioni), “Effect of an Intravenous Gammaglobulin Preparation on
the Opsonophagocytic Activity of Preterm Serum against Coagulase-Negative
Staphylococci,” Acta Paediatrica Scandinavica, Vol. 79, pp. 156-61 (1990)
GROUNDS OF REJECTION
Claim 17 and 23 stand rejected under 35 U.S.C. § 103 as obvious over
Fischer in view of Etzioni and Sutherland.
Claim 17 and 23 stand rejected under 35 U.S.C. § 103 as obvious over
Ichiman in view of Sutherland.
We reverse.
BACKGROUND
According to appellant, Directed Human Immune Globulin is different from
standard human immune globulin preparations in that it has high levels of human
anti-staphylococcal antibodies that react with surface antigens of S. epidermidis
and enhance phagocytosis and killing of S. epidermidis in vitro,
(opsonophagocytic bactericidal activity greater than 80%). Specification, page 8.
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