Tuesday, August 28, 2007

Non-final rejection of Schatten's patent application on stem cells

On July 25, 2007, the USPTO issued a non-final rejection of Schatten's patent application 11/003006. Claims 1-53 were rejected and claims 54 and 55 were withdrawn.

Claims 1, 10, and 34-53 received an obviousness-type double-patenting rejection over 10/821,200.

There was an enablement rejection. [page 13: undue experimentation ... to achieve SCNT as broadly claimed.]

There was a 112 paragraph 2 rejection.

There was a 102(b) rejection over an article by Schnieke that appeared in 278 Science 2130 (1997).

There was a 102(b) rejection over an article by Meng that appeared in 57 Biol. of Repro. 454 (1997).

There was a 102(b) rejection over an article by Park that appeared in 66 Biol. of Repro. 1001 (2002).

There was a 102(b) rejection over an article by Wakayama.

There was a 102(b) rejection over US 6,011,197.

There was a 102(b) rejection over an article by Hyun.

There was a 102(a)/102(e) rejection over a published patent application by Collas (March 6, 2003).

There were also obviousness rejections under 103(a).

See previous IPBiz post on the Schatten application:
http://ipbiz.blogspot.com/2006/02/schattens-cip-application-published-on.html

and IPFrontline article:
http://www.ipfrontline.com/depts/article.asp?id=9565&deptid=5

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