Appeal No. 2003-1167 Page 2
Application No. 09/195,340
b) mixing a biologically active molecule with the material, wherein
the biologically active molecule is effective to promote
vascularization or revascularization of the tissue,
c) applying the material to the site where treatment is needed, and
d) covalently polymerizing the material to permit controlled release
of a therapeutically effective amount of the biologically active
molecule.
The references relied upon by the examiner are:
Hunziker 5,206,023 Apr. 27, 1993
Sierra et al. (Sierra) 5,290,552 Mar. 1, 1994
Marx 5,607,694 Mar. 4, 1997
Hubbell et al. (Hubbell) 5,626,863 May 6, 1997
GROUNDS OF REJECTION
Claims 6, 14, 18, 19 and 24 stand rejected under 35 U.S.C. § 102(e) as
being anticipated by Hubbell.
Claims 6, 14, 15, 18, 19, 21-24, 26 and 27 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Hubbell alone, or in combination with Sierra,
Hunziker and Marx individually, or in combination.
We reverse.
DISCUSSION
THE REJECTION UNDER 35 U.S.C. § 102:
The examiner finds (Answer, bridging paragraph, pages 3-4), “Hubbell
discloses a method of applying a composition containing monomers at the
needed site and photo polymerizing the monomers to form a [sic] covalently
linked polymers. The composition contains a biologically active material such as
proteins, enzymes and nucleotides. The composition also contains micro
spheres carrying the active agent….” While the examiner appreciates (Answer,
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