Appeal No. 2007-0531 Page 4
Application No. 10/341,679
The Examiner finds Hammond teaches2:
1. “a method for treating a heart disease . . . comprising delivering a
transgene-inserted replication-deficient adenoviral vector to the
myocardium of the patient by injection directly into one or both left
and right coronary arteries[ ]3 . . . to transfect cardiac myocytes in
the affected myocardium. . . .”4 Answer, page 4.
2. that the adenoviral vector comprises “a transgene coding for an
angiogenic protein or peptide such as . . . VEGF . . . .” Id.
The Examiner finds that Hammond does not teach the use of VEGF121.
Id. To make up for this deficiency, Examiner relies on Tischer. Examiner finds
that Tischer teaches:
1. “expression vectors encoding human VEGF121. . . .” Answer, page
5.
2. that VEGF121 is “useful for a variety of wound healing applications
in which angiogenesis . . . play[s] an important role . . . .” Id.
3. that VEGF121 has a therapeutic advantage over longer forms of
VEGF. Id.
4. that unlike longer forms of VEGF, VEGF121 does not bind heparin,
therefore during therapeutic applications more VEGF121 protein is
free to bind to the VEGF receptor, its half-life is increased as well
as its distribution in the patients circulation. Id.
Based on this evidence, the Examiner finds that it would have been prima
facie obvious to a person of ordinary skill in the art at the time the invention was
made to modify the method of Hammond by utilizing a recombinant adenoviral
2 Hammond teaches that by transfecting cardiac myocytes in an affected myocardium with an
adenoviral vector comprising VEGF and thereby expressing VEGF in the heart, angiogenesis in
the affected region of the myocardium will be promoted. Hammond, column 4, lines 11-22.
3 The Examiner asserts that the “injection directly into one or both left and right coronary arteries”
reads on “multiple injections to different points on the internal surface of the heart”. Answer,
page 4. In addition, Examiner asserts that Hammond teaches the use of a multipurpose coronary
catheter “that engages the coronary arteries, apparently at about the same time.” Id.
4 The Examiner asserts that the coronary arteries are parts of the heart. Answer, bridging
sentence, pages 15-16.
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