Ex parte WEIS-FOGH - Page 3




                 Appeal No. 1997-0875                                                                                                                   
                 Application No. 07/998,128                                                                                                             


                          In reaching our decision in this appeal we have given careful consideration to the                                            
                 appellant's specification and claims and to the respective positions articulated by the                                                
                 appellant and the examiner.  We make reference to the examiner's answer (Paper No. 24,                                                 
                 mailed June 26, 1996) for the examiner's reasoning in support of the rejection and to the                                              
                 appellant's brief (Paper No. 17, filed May 8, 1995) and to the appellant's reply brief (Paper                                          
                 No. 25, filed August 26, 1996) for the appellant's arguments thereagainst.                                                             
                                                                THE INVENTION                                                                           
                          According to appellant,                                                                                                       
                                   The invention comprises a tissue repair promoting composition                                                        
                          comprising tissue repair promoting substances isolated from plasma and                                                        
                          tissue repair promoting substances isolated from platelets, the composition                                                   
                          being substantially free of fibrin.  The tissue repair promoting substances                                                   
                          isolated from plasma include at least fibrinogen and may further include                                                      
                          factor XIII and fibronectin.  The tissue repair promoting substances isolated                                                 
                          from platelets may include platelet-derived growth factor, epidermal growth                                                   
                          factor, and platelet factors 1-4.  The tissue repair promoting substances may                                                 
                          be isolated from the plasma and platelets of a single human or animal.                                                        
                          [Brief, pp. 1-2, citations to the specification omitted.]                                                                     
                 The claimed tissue repair promoting composition can be used as one component of a two-                                                 
                 component tissue-adhesive system, the other component being, e.g., a solution of                                                       
                 thrombin, calcium ions and aproprotin.  The fibrinogen in the claimed composition is                                                   
                 converted to fibrin by application of the second component, i.e., thrombin.  (See                                                      
                 specification, p . 21, ll. 8-19).                                                                                                      



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