Appeal 2007-1152
Application 10/660,924
could be routinely varied. Thus, we conclude that the limitation “wherein
said dose is at least one order of magnitude less than that necessary to
achieve normoglycemia in a mammal of the same species” is supported by
the originally filed Specification.
The Specification also explicitly describes preventing diabetes using a
single dose of cells – the method of instant claim 2:
The process of the invention can also be used to prevent certain
diseases, particularly autoimmune disorders. In these cases the
process is as follows. First, patients at high risk for the disease
or already in the very early phase of the disease are identified.
At the critical time of the onset, the process is intervened with
the small encapsulated tissue. For example, islets are used for
Type I diabetes and collagen is used for arthritis. This implant
of foreign tissue immediately diverts the attention of the
immune system to the new foreign invader and it begins the
process to destroy this new threat. Because of this diversion,
the process of self-destruction of desirable tissue that was just
beginning is suppressed, then abandoned, then forgotten. It is,
in essence, “switched off” and the damage is prevented.
(Spec. 10: 12-21.) It is also stated that implants for prevention of disease
can be in tolerizing amounts (Spec 19: 1-15).
In sum, we find that all the limitations of claim 2 are described in the
originally filed Specification. Accordingly, the rejection of claims 2-9 as
lacking written description is reversed.
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