Appeal No. 2002-1371 Page 2
Application No. 08/474,796
27. A method for the treatment of a chronic gastrointestinal disorder
selected from the group consisting of spastic colon, mucous colitis,
collagenous colitis, inflammatory bowel disease, microscopic colitis,
idiopathic or simple constipation, diverticular disease, chronic
idiopathic pseudo obstructive syndrome and chronic enteric
infections, in an adult human host, where causative infection cannot
be demonstrated due to the inability to detect infecting agents
associated with such infection in the human host, which method
comprises substantially completely removing the host’s existing
enteric microflora by a method comprising using a lavage, and the
substitution of an effective amount of fresh or dried or reconstituted
feces from a disease-screened human donor or the administration of
an effective amount of a pharmaceutically acceptable composition
comprising microorganism selected from the group consisting of
Bacteroides and E. coli in liquid culture or dried viable form.
While the examiner expressly states (Answer, page 3) that “[n]o prior art is relied
upon…,” at page 7 of the Answer, the examiner relies on the Merck Manual of
Diagnosis and Therapy2.
GROUND OF REJECTION
Claims 27-34, 36-43, 45-52, 54-61, 63-70, 72-76 and 86-89 stand rejected
under 35 U.S.C. § 112, first paragraph as based on a non-enabling disclosure.
The examiner, however, has indicated that claims 77-85 and 90-92 are
allowable.
2 We also note that this reference does not appear to be present in the administrative file.
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