Appeal No. 2003-0837 Page ~ PAGE ~2~
Application No. 09/078,531
The references relied upon by the examiner are:
Nevo et al. (Nevo) 4,642,120 Feb. 10, 1987
Itay 5,053,050 Oct. 1, 1991
Bruder et al. (Bruder) 5,736,396 Apr. 7, 1998
Grande et al. (Grande) 5,906,934 May 25, 1999
Pettipher et al. (Pettipher), “Interleukin 1 induces leukocyte infiltration and
cartilage proteoglycan degradation in the synovial joint,” Proc. Natl. Acad. Sci.,
Vol. 83, pp. 8749-53 (1986)
Joyce et al. (Joyce), “Transforming Growth Factor-b and the Initiation of
Chondrogenesis and Osteogenesis in the Rat Femur,” J. Cell Biology, Vol. 110,
pp. 2195-207 (1990)
GROUNDS OF REJECTION
Claims 33-35, 40, 41, 43, 44, 47-49, 50 and 51 stand rejected under 35
U.S.C. § 102(e) as being anticipated by or, in the alternative, under 35 U.S.C.
§ 103 as being obvious over Grande.
Claims 42, 45 and 46 stand rejected under 35 U.S.C. 102(e) as
anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over
Grande.
Claims 36 and 37 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Grande in view of Joyce and Bruder.
Claim 38 is rejected under 35 U.S.C. § 103 as being unpatentable over
Grande in view of Bruder and Pettipher.
Claim 39 is rejected under 35 U.S.C. § 103 as being unpatentable over
Grande in view of Nevo and Itay.
We reverse.
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