The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 55
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte DAMON C. SMITH
__________
Appeal No. 2002-2209
Application No. 08/137,168
__________
HEARD: January 22, 2004
__________
Before WINTERS, WILLIAM F. SMITH, and MILLS, Administrative Patent Judges.
WILLIAM F. SMITH, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 23
through 38 and 42 through 44. Claims 39 through 41 are pending and are allowed.
Claim 37 is representative of the rejected claims and reads as follows:
37. An isolated snake antivenom comprising a mixture of at least two
monospecific IgG, F(ab0)2 fragment, or Fab fragment populations obtained from at least
two antisera, wherein each antiserum is separately raised to a venom from a different
species or subspecies of snake, produced by the process of:
(a) immunizing a host with venom from one species or subspecies of snake;
(b) immunizing a second host with venom from a different species or subspecies
of snake;
(c) separately collecting blood from each host;
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