Appeal No. 2003-0528 Page 14
Application No. 09/314,841
phospholipid vesicles to remove detergents wherein the vesicles are dialyzed
against two changes of buffer in order to trap different salts in the vesicles….”
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. In our opinion, Mimms fails to make up for the deficiency in Brucato,
Butler, Brown, Schwinn and Prestrelski. Therefore, we reverse the rejection of
claim 30 under 35 U.S.C. § 103 as being unpatentable over Brown in view of
Brucato, Butler, Schwinn, Prestrelski and Mimms.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Donald E. Adams )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lora M. Green )
Administrative Patent Judge )
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