Appeal No. 2002-2284 Page 3
Application No. 09/176,492
make up for the deficiency in Taub, the examiner relies on Bettger. The
examiner finds (Answer, page 4), Bettger “disclose serum-free medium
supplemented with the peptide hormone insulin, the peptide growth factor EGF
… and the steroid hormone dexamethasone, among others. Based on this
evidence, the examiner finds (id.):
It would have been obvious to one of ordinary skill in the art at the
time of [sic] the invention was made to have added the serum-free
medium supplements EGF and dexamethasone of Bettger et al. to
the serum-free medium of Taub et al. because both Taub and
Bettger teach that the growth-supporting properties of serum-free
media are improved by addition and optimization of growth factors
and peptide and steroid hormones.
In response appellants argue (Brief, page 4), with reference to Freshney2
“that the use of serum-free media ‘is not as straightforward as it seems. Each
cell type appears to require a different recipe….’” In this regard appellants point
out that “Bettger used human fetal lung fibroblasts and Taub used dog kidney
cells….” Id. In addition, appellants note (id.) that Taub states that no effect on
growth was seen when adding EGF to K1 medium and that it was not routinely
added.
Responding to appellants’ arguments, the examiner finds (Answer, page
7), “[c]ontrary to [a]ppellant’s [sic] assertion, Taub et al[.] indicate that the main
2 CULTURE OF ANIMAL CELLS A Manual of Basic Technique, pp. 93-94 (3rd ed., R. Ian
Freshney ed., Wiley-Liss, NY, NY, 1994).
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