Ex parte LA DUCA - Page 3




              Appeal No. 1996-1811                                                                                       
              Application No. 08/169,968                                                                                 


              neutralizing substance.  Claim 1 specifies the concentration of these compounds as they                    
              would be present when mixed with a given volume of blood, i.e., about 0.2-3.0 U                            
              thrombin/ml blood mixture, about 0.005-0.2 mg snake venom/ml blood mixture and about                       
              0.02-0.8 mg protamine sulfate (i.e., a heparin neutralizing substance)/ml blood mixture.                   
              Claim 14 recites functional amounts of these three compounds, i.e., thrombin, a generic                    
              heparin neutralizing substance and snake venom capable of converting fibrinogen to fibrin                  
              in “sufficient amounts to rapidly clot ... [a] highly heparinized blood sample."  According to             
              the specification,                                                                                         
                     [b]y applying this reagent combination in very low concentration it is possible                     
                     to clot non anticoagulated blood from normal individuals within two minutes                         
                     and blood from patients receiving heparin therapy within five minutes.  Prior                       
                     to the development of this clot promoting preparation, non anticoagulated                           
                     blood required three to five times as long to clot (i.e., 6-10 minutes) and                         
                     heparinized blood would not clot for several hours. [Page 6, lines 6-14.]                           
                                                                                                                        
              According to the specification, “[t]ypically highly heparinized blood is between 2-5 units per             
              milliliter and possibly higher” (page 3, lines 8-9).  Claim 20 recites preparation of a clotting           
              reagent containing 0.5 U thrombin, 0.01 mg snake venom and 0.05 mg protamine sulfate                       
              per ml of reagent.                                                                                         
                     JP 58-1460 discloses blood collecting tubes containing, as a blood coagulation                      
              (i.e., clot) accelerating agent, either 10-200 µg (i.e., 0.01-0.20 mg) protamine sulfate or 10             
              µg or more (i.e., 0.01 mg or more) of thrombin-like enzyme contained in snake venom per                    
              ml of added heparinized blood sample (page 4, lines 11-24).  “[T]he serum sample could                     

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