Ex Parte GOULD et al - Page 2


                 Appeal No.  2002-2284                                                        Page 2                  
                 Application No.  09/176,492                                                                          
                                                                                                                     
                               b) infecting the cells with at least one strain of rotavirus, and                      
                               c) harvesting the rotavirus.                                                           

                        The references relied upon by the examiner are:                                               
                 Almeida                          4,205,131                   May 27, 1980                           
                 Bettger et al. (Bettger), “Rapid clonal growth and serial passage of human diploid                   
                 fibroblasts in a lipid-enriched synthetic medium supplemented with epidermal                         
                 growth factor, insulin, and dexamethasone,” Proc. Natl. Acad. Sci. USA, Vol. 78,                     
                 No. 9, pp. 5588-92 (1981)                                                                            
                 Taub et al. (Taub), “The development of serum-free hormone-supplemented                              
                 media for primary kidney cultures and their use in examining renal functions,”                       
                 Ann. New York Academy of Science, pp. 406-21 (1981)                                                  
                 Zhaolie et al. (Zhaolie), “A novel serum-free medium for the cultivation of Vero                     
                 cells on microcarriers,” Biotechnology Techniques, Vol. 10, No. 6, pp. 449-52                        
                 (1996)                                                                                               
                                            GROUNDS OF REJECTION                                                      
                        Claims 1 and 3 stand rejected under 35 U.S.C. § 103 as obvious over                           
                 Taub in view of Bettger.                                                                             
                        Claim 3 stands rejected under 35 U.S.C. § 103 as obvious over Almeida                         
                 in view of Taub, Bettger, and Zhaolie.                                                               
                        We reverse.                                                                                   
                                                   DISCUSSION                                                         
                 Taub in view of Bettger:                                                                             
                        According to the examiner (Answer, bridging paragraph, page 3-4), Taub                        
                 teach the “development of a serum-free medium for growth of kidney cell lines.                       
                 The medium (Medium K-1) is … designed for the growth of kidney cell cultures in                      
                 general.  Taub discloses the optimization of growth factors and hormones … but                       
                 does not disclose addition of rhEGF or dexamethasone to Medium K-1….”  To                            





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