Appeal No. 2007-1080
Application No. 10/790,658
an old process cannot render the process again patentable.”) In this case, the
discovery that desmethyl-selegiline increases gamma-interferon product
would be considered a latent property of an otherwise obvious process.
Alternatively, Billiau teaches that gamma-interferon is produced by T
lymphocytes (pp. 63-66). Consequently, the Examiner should determine
whether it would have been expected that an improvement in T lymphocyte
function, as taught by Milgram (Example 2, cols. 7-8) would also be
associated with increased gamma-interferon levels.
Demetra J. Mills )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Lora M. Green )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Richard M. Lebovitz )
Administrative Patent Judge )
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