Appeal No. 95-0155
Application No. 07/890,335
over tPA in treating thrombosis and related diseases. In
showing the characteristics of pro-tPA, and in predicting its
superior performance in vivo, applicant sets forth in vitro
data in the specification (Examples 8 and 10). The 1986 and
1988 publications of Rao and Rijken, respectively, further
support the fact stated in the specifi-cation that pro-tPA is
more advantageous than tPA as a pharma-ceutical for treating
thrombosis and related diseases. The Rao and Rijken
publications (copies attached to the Supplemental Reply Brief)
provide evidence that pro-tPA is clinically superior to tPA
when administered in vivo to human patients.
Having considered all the evidence of record, including
the Rao and Rijken publications, we find that the claimed
subject matter possesses unexpectedly superior properties. On
this basis, the rejection of claims 69, 70, 72 through 78, 80
through 84, 87 through 90 and 92 through 96 under 35 U.S.C.
§ 103 as unpatentable over European Patent Application 0 041
766 is reversed.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
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