Appeal No. 2002-1299 Page 2
Application No. 08/962,740
36. The immortalized mammalian cell line of Claim 35, wherein the cells
of said cell line are fibroblast cells capable of producing influenza
virus at from about 103 to about 106 PFU/ml at about two days after
having been infected.
The references relied upon by the examiner are:
Leder et al. (Leder) 5,087,571 Feb. 11, 1992
Jallat et al. (Jallat) 5,814,716 Sep. 29, 1998
Todaro et al. (Todaro), “Quantitative Studies of the Growth of Mouse Embryo
Cells in Culture and Their Development Into Established Lines,” J. Cell. Bio., Vol.
17, pp. 299-313 (1963)
Durbin et al. (Durbin), “Targeted Disruption of the Mouse Stat1 Gene Results in
Compromised Innate Immunity to Viral Disease,” Cell, Vol. 94, pp. 443-50 (1996)
GROUNDS OF REJECTION
Claims 1-5 and 35-37 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Durbin in view of Jallat, Leder and Todaro.
CLAIM GROUPING
Appellants set forth the following three claim groupings: (1) claims 1-5 and
37; (2) claim 35 and (3) claim 36. Accordingly claims 35 and 36 stand or fall
alone. Since all the claims of group (1) stand or fall together, we limit our
discussion to representative independent claim 1. Claims 2-5 and 37 will stand
or fall together with claim 37. In re Young, 927 F.2d 588, 590, 18 USPQ2d 1089,
1091 (Fed. Cir. 1991).
DISCUSSION
According to the examiner (Answer, page 3), Durbin teach “the production
of a Stat1 null allele vehicle capable of producing high titers of viruses.” In this
regard, we note that the vehicles taught by Durbin are embryonic stem cells and
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