Appeal No. 2002-1299 Page 6
Application No. 08/962,740
characteristics can be controlled by adding or eliminating the
inducing factor.
According to the examiner (Answer, page 4), “[t]he desire to immortalize
useful cell lines in order to confer extended usefulness is clear motivation to one
of ordinary skill in the art and the techniques to do so are notoriously old and well
known (this does not appear to be disputed by applicant).” In support of the
examiner’s position we note that Durbin point out (page 443, column 1),
“[c]hemically mutagenized human fibrosarcoma cells defective in STAT1 have
been isolated and used to demonstrate the requirement for STAT1 in IFN
responses….” We also note that Jallat provide two methods of preparing mice
from which immortalized cell-lines can be obtained. See column 3, lines 43-64.
Accordingly, we agree with the examiner that based on the combination of prior
art relied upon, it would have been prima facie obvious to a person of ordinary
skill in the art at the time the invention was made to have an immortalized
mammalian cell line homozygous for a Stat1 null allele.
We recognize that we have discussed the Jallat and Leder references
more extensively than the examiner. It is, however, well established that
references are considered in their entirety for what they fairly suggest to one
skilled in the art. In re Wesslau, 353 F.2d 238, 241, 147 USPQ 391, 393 (CCPA
1965) (the reference is considered in its entirety for what it fairly suggests to one
skilled in the art). Therefore, based on the evidence of record, it is our opinion
that it would have been prima facie obvious to a person of ordinary skill in the art
at the time the invention was made to produce an immortalized cell line
homozygous for a Stat1 null allele. Accordingly, we affirm the rejection of claim
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