Appeal No. 2002-2209 Page 3
Application No. 08/137,168
evidence of obviousness, the examiner relies upon Carroll, Russell, and Berkow and in
addition, Goding. The examiner also maintains two other rejections under 35 U.S.C. §
103(a) which parallel the two rejections set forth above but, in addition, rely upon Dos
Santos as additional evidence of obviousness. We affirm.
Background
The present invention relates to an isolated snake antivenom. As explained:
Snake venoms, produced primarily for the procurement of prey or in a
defensive role, are complex biological mixtures of upwards of 50
components. Death of prey from a snake bite is due to respiratory or
circulatory failure caused by various neurotoxins, cardiotoxins (also called
cytotoxins), coagulation factors, and other substances acting alone or
synergistically. Snake venoms also contain a number of enzymes which
when injected into the prey start tissue digestion. The venoms thus
contain substances designed to affect the vital processes such as nerve
and muscle function, the action of the heart, circulation of the blood and
the permeability of membranes. Most constituents of snake venoms are
proteins, but low molecular weight compounds such as peptides,
nucleotides and metal ions are also present.
Specification, page 1 (reference citation omitted). Historically, snake antivenoms have
been prepared by inoculating animals with sublethal doses of venom followed by
injections of increasing doses to levels above those which would, if injected initially,
cause death. Id., page 5, lines 11-34. Appellant provides further perspective on the
preparation of snake antivenom, stating:
Most known antivenoms are refined concentrates of equine serum
globulins prepared in a liquid or dried form. The antivenoms are obtained
from horses that have been immunised against a single venom, to
produce a monospecific antivenom, or a mixture of a number of venoms,
to produce a polyspecific antivenom. Antivenoms have been prepared for
the treatment of most types of snake venom poisoning. Methods of
production have changed little since the pioneering times of the last
century. Immune horse serum may undergo a crude purification step
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