Appeal No. 2002-0449 Page 2
Application No. 09/037,409
purifying the sperm motility-promoting glycoprotein from the
fractionated preparation by chromatography and electrophoresis.
18. A method for enhancing sperm motility in-vitro comprising adding a
pharmaceutical composition to sperm in-vitro, wherein said
pharmaceutical composition comprises:
the isolated sperm motility promoting glycoprotein macromolecule
of claim 1, and
a pharmaceutically acceptable excipient,
to thereby enhance sperm motility.
The examiner relies on the following references:
Harris et al. (Harris), Protein purification methods - a practical approach,
pp. 9-63 (1989)
Mandal et al. (Mandal), “Stimulation of Forward Motility of Goat Cauda
Epididymal Spermatozoa by a Serum Glycoprotein Factor,” Biology of
Reproduction, Vol. 41, pp. 983-989 (1989)
Claims 1-8 and 10-18 stand rejected under 35 U.S.C. § 103 as obvious in
view of Mandal and Harris.
We reverse.
Background
“One of the main reasons of human male infertility is due to low order of
sperm motility with normal cell count.” Specification, page 1. “Forward motility-
promoting protein isolated from buffalo blood serum has the potential for the
treatment of human infertility (due to low sperm motility).” Id. The specification
discloses a “motility-promoting protein macromolecule having a molecular mass
of 66 kda and a process for the isolation of said promoting protein from buffalo
serum/plasma.” Id., page 3. The protein is also disclosed to have “the potential
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