Ex Parte Wisniewski et al - Page 2

                Appeal 2007-1673                                                                                
                Application 10/056,237                                                                          

                       actively cooling a heat exchange structure within said cavity by                         
                flowing a fluid through a dual flow conduit having one or more heat transfer                    
                members thermally coupled thereto;                                                              
                       freezing said medium within said vessel to preserve said                                 
                biopharmaceutical product.                                                                      

                       The Examiner relies upon the following references as evidence of                         
                obviousness:                                                                                    
                West    US 2,114,642   Apr. 19, 1938                                                            
                Kalhori, "Studies on Heat Transfer From a Vertical Cylinder, With or                            
                Without Fins, Embedded in a Solid Phase Change Medium," Transactions                            
                of the ASME, Journal of Heat Transfer, Vol. 107, 44-51 (Feb. 1985).                             
                Wisniewski, "Large-Scale Freezing and Thawing of Biopharmaceutical                              
                Drug Product," Proceedings of the International Congress, Advanced                              
                Technologies For Manufacturing of Aseptic & Terminally Sterilized                               
                Pharmaceuticals & Biopharmaceuticals, 133-139 (Feb. 1992).                                      
                       Appellants' claimed invention is directed to a method of preserving a                    
                biopharmaceutical product by freezing a medium comprising the product in                        
                a vessel whose interior wall is actively cooled.  Also, a heat exchange                         
                structure within the cavity of the vessel is actively cooled by flowing a fluid                 
                through a dual flow conduit having one or more heat transfer members                            
                thermally coupled thereto.                                                                      
                       Appealed claims 1-8 and 27-42 stand rejected under 35 U.S.C.                             
                § 103(a) as being unpatentable over Wisniewski in view of Kalhori and                           
                West.                                                                                           
                       The Examiner has withdrawn the rejection under 35 U.S.C. § 112,                          
                second paragraph.                                                                               


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