Appeal No. 2005-0410
Application No. 09/902,461
use in humans. Thus, we find that Fuller’s disclosure is a general one which “may pique
the scientist’s curiosity, such that further investigation might be done as a result of the
disclosure, but the disclosure itself does not contain a sufficient teaching of how to
obtain the desired result, or that the claimed result would be obtained if certain
directions were pursued.” In re Eli Lily & Co., 902 F.2d at 945, 14 USPQ2d at 1743.
Since Fuller only suggests a general approach to a promising field without direction, and
said suggestion would require one of ordinary skill in the art to vary all the parameters of
dosage amounts, intervals, routes of administration, etc., without knowing which would
be successful, we find that the reference would not have provided said person a
reasonable expectation of success in using human acid "-glucosidase to treat GSD-II
patients. In re Eli Lilly & Co., 902 F.2d at 945, 14 USPQ2d at 1743;
In re O’Farrell, 853 F.2d at 903-04, 7 USPQ2d at 1681.
Accordingly, Rejection III is reversed.
IV. Obviousness in view of Bijvoet and Fuller
The examiner argues that Bijvoet discloses “that recombinant human acid
"-glucosidase is administered to a patient to treat Pompe’s disease.” Answer, p. 5.
The examiner acknowledges that Bijvoet does not disclose “that the enzyme is a
precursor of recombinant human acid "-glucosidase produced in Chinese hamster
ovary cells, the amounts used, the interval used to administer the enzyme, to use an
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