Appeal No. 2005-0410
Application No. 09/902,461
from the present record that those having ordinary skill in the art would have had a
reasonable expectation that the administration of human acid "-glucosidase to GSD-II
patients would be successful.
Accordingly, Rejection IV is reversed.
V. Obviousness in view of Fuller
The examiner argues that in view of the teachings of Fuller,
[i]t would have been obvious to use an immunosuppressant since such
medications are commonly used to suppress the immune system to better
administer drugs and the like, reducing the possibility of rejection of the drug by
the immune system. To include instructions in with the enzyme is obvious since
the enzyme is going to be used for the same purpose as claimed (as taught by
the references [sic, reference]) thus one would want to know how to administer
the enzyme [Answer, p. 7].
Given our disposition of the obviousness rejection over Fuller with respect to
claims 1-4, 9, 21 and 23 above, it reasonably follows that we do not find that the
reference would have suggested to one of ordinary skill in the art to include (i) an
immunosuppressant, and (ii) instructions for treating GSD II patients, with the human
acid "-glucosidase taught therein. We remind the examiner that obviousness must be
based on facts, not unsupported generalities. In re Warner, 379 F.2d 1011, 1017, 154
USPQ 173, 178 (CCPA 1967), cert. denied, 389 U.S. 1057 (1968); In re Freed, 425
F.2d 785, 787, 165 USPQ 570, 571 (CCPA 1970).
Accordingly, Rejection V is reversed.
15
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: November 3, 2007