Appeal No. 2007-0531 Page 3
Application No. 10/341,679
CLAIM CONSTRUCTION
Claim 1 is drawn to a method of inducing collateral blood vessel formation
in a heart. The method comprises injecting a dose of a pharmaceutical
composition directly into the internal surface of the heart. Claim 1 requires that
the pharmaceutical composition comprise:
(a) a pharmaceutically acceptable carrier and
(b) an adenoviral vector comprising a DNA encoding an angiogenic
peptide, such that collateral blood vessels are formed within the heart.
Claim 1 requires that the pharmaceutical composition is injected:
(a) via multiple injections to different points on the internal surface of the
heart and
(b) that at least 2 of the multiple injections are administered within about
10 minutes.
In addition, as a result of a species election, the scope of the angiogenic peptide
is restricted to VEGF121. Final Rejection, page 2. Accordingly, we limit our
consideration of the record to the elected angiogenic peptide species - VEGF121.
We take no position with respect to the patentability of the non-elected species.
See Ex parte Ohsaka, 2 USPQ2d 1460, 1461 (Bd. Pat. App. & Int. 1987).
DISCUSSION
The combination of Hammond and Tischer:
Claims 1-4, 6, 7, 10, 12 and 18 stand rejected under 35 U.S.C. § 103 as
being unpatentable over the combination of Hammond and Tischer.
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