Appeal No. 2006-2745 Page 5
Application No. 09/966,119
contrary, Hardie is simply providing an example of one method that is known in
the art that can be used to render such a composition hepatitis safe.
As the examiner points out, a person of ordinary skill in the art at the time
the invention was made would have recognized other methods of rendering an
antibody composition, such as a Cohn Fraction II + III composition, hepatitis safe.
In this regard, the examiner directs attention to Kent, asserting that “Kent
discloses that blood products, including . . . antibodies can be sterilized via
irradiation.” Answer, page 4. For their part, appellants argue (Brief, page 7),
“Kent does not teach, or even suggest, that the IgG composition disclosed by
Hardie, let alone Cohn Fraction II+III itself, can be irradiated and orally
administered.” We disagree. As discussed above, a Cohn Fraction II + III
composition is an antibody composition. Kent teaches that antibody
compositions can be sterilized by irradiation. In this regard, Kent specifically
states that the sterilization method disclosed therein “inactivates biological
contaminants such as viruses. . . .” Abstract. As the examiner points out,
“hepatitis is a virus.” Answer, page 6. Accordingly, it would appear that the
evidence of record establishes that antibodies can be sterilized by irradiation.
Thus, we agree with the examiner that a person of ordinary skill in the art at the
time the invention was made would have recognized that an antibody
composition, such as a Cohn Fraction II + III composition, can be sterilized by
irradition.
We are not persuaded by appellants’ intimation that a person of ordinary
skill in the art would not recognize that such an irradiated Cohn Fraction II + III
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007