Appeal No. 1997-0875
Application No. 07/998,128
The examiner opines that "[a]ll of the claimed components are substances found
endogenously in blood and are involved in the natural process of hemostasis, wound
healing and tissue repair" (answer, p. 8, para. 2). What the examiner fails to consider is
the complexity of the interrelationships and relative amounts of the components of the
coagulation cascade, e.g., in a normal state of coagulation versus when a blood vessel is
injured.
In other words, while the references could be combined as the examiner argues, the
examiner must provide a coherent reason(s) why the references should be combined. The
mere fact that the prior art could be so modified would not have made the modification
obvious unless the prior art suggested the desirability of the modification. In re Laskowski,
871 F.2d 115, 117, 10 USPQ2d 1397, 1398-99 (Fed. Cir. 1989); In re Gordon, 733 F.2d
900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984).
Accordingly, we find that the examiner has not carried her burden of establishing a
prima facie case of obviousness and has relied on impermissible hindsight in making her
determination of obviousness. In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1784
(Fed. Cir. 1992).
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