Appeal No. 2003-0528 Page 10
Application No. 09/314,841
redissolved in a solution comprising octyl-beta-D-glucopyranoside (octyl
glucoside), glycine … rTF and a carrier protein….” The examiner recognizes,
however, that Brown “does not teach[, inter alia,] stability of his reagent for at
least two weeks at a selected temperature, nor does B[rown] teach a beta, delta
or gamma amino acid stabilizer.” Answer, page 7. Nevertheless, the examiner
concludes (Answer, page 8),
it would have been obvious to have included the incubation of
phospholipids with rTF, as taught by B[rucato], in the method of
B[rown], where the motivation would have been to maximize rTF
incorporation into lipid micelles, as taught by B[rucato]. It would
further have been obvious to have formulated the prothrombin
reagent in the method of B[rown] in view of B[rucator] as a liquid
with a stability of at least two weeks, as taught by B[utler], where
the motivation would have been to make a convenient, stable, and
reliable thromboplastin reagent with a long shelf life … as taught by
B[utler]….
However, as discussed, supra, the examiner has not provided the
evidence necessary to demonstrate that the Brucato, Butler or Brown
prothrombin reagents could be modified in a manner that would retain shelf life
as disclosed by Butler. Accordingly, we reverse the rejection of claims 22, 29,
31, 32, 34, 35, 37 and 38 under 35 U.S.C. § 103 as being unpatentable over
Brown in view of Brucato, Butler and Schwinn.
Brucato in view of Butler, Schwinn and Hawkins with or without Brown:
Brucato, Butler, Brown and Schwinn are relied upon as set forth above.
The examiner recognizes, however, that Brucato, Butler, Brown and Schwinn do
not teach POPC or POPS. To make up for this deficiency, the examiner relies
upon Hawkins. According to the examiner (Answer, page 10), Hawkins teach “a
prothrombin reagent comprising rTF, POPS, and POPC….” Based on this
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