Appeal No. 2007-0531 Page 7
Application No. 10/341,679
The rejections based solely, or in-part, on the combination of Isner and Tischer:
In our opinion the combination of Isner and Tischer fails to teach injection
of an adenoviral vector comprising VEGF121 DNA directly to the internal surface
of the heart. The Examiner relies on Wolff, Kovesdi, French and Ullrich to reach
limitations of dependent claims. See Answer, pages 9-14. While the Examiner
relies on French, the emphasis Examiner places on French is different than that
set forth below. Accordingly, we vacate the pending rejections over the
combination of Isner and Tischer (alone or in combination with Wolff, French,
Kovesdi and Ullrich) in favor of the following new grounds of rejection.
Accordingly,
• the rejection of claims 1, 3, 6, 10, 19 and 22 under 35 U.S.C.
§ 103 as being unpatentable over the combination of Isner and
Tischer is vacated;
• the rejection of claims 1 and 12-18 under 35 U.S.C. § 103 as
being unpatentable over the combination of Isner, Tischer and
Kovesdi is vacated;
• the rejection of claims 1 and 19-21 under 35 U.S.C. § 103 as
being unpatentable over the combination of Isner, Tischer, Wolff
and French is vacated; and
• the rejection of claims 1 and 22-23 under 35 U.S.C. § 103 as
being unpatentable over the combination of Isner, Tischer and
Ullrich is vacated.
NEW GROUNDS OF REJECTION
FACTS:
French teaches:
1. that in the field of cardiology, much interes has focused on
developing techniques to introduce recombinant genes directly
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