Appeal No. 95-4691
Application 08/021,652
The Claimed Subject Matter
The claims on appeal are directed to a thrombolytic composition containing tissue plasminogen
activator having improved solubility in aqueous solutions, including body fluids of humans. Claim 1 is
representative of the claimed subject matter and reads as follows:
1. A thrombolytic composition comprising tissue type plasminogen activator or a
derivative thereof, an anionic polymer or a salt thereof and an amine compound or a salt
thereof, said thrombolytic composition providing improved t-PA solubility in solutions over
a broad range of salt concentrations.
References of Record
The following references of record are relied upon by the examiner as evidence of obviousness:
Dussourdd’Hinterland et al. 4,083,961 Apr. 11, 1978
(Dussourdd’Hinterland)
Pâques (EP 198321) 2 EP 0 198 321 Oct. 22, 1986
Duffy et al. (Duffy) 4,898,826 Feb. 6, 1990
Isaacs et al. (Isaacs) 4,980,165 Dec. 25, 1990
2We did not find a translation of this document in the file. Accordingly, the patent has been translated and a
copy is attached to this decision. Any reference to EP 198321 in this opinion is a reference to the complete English
language translation of the patent. We note that the examiner has considered U.S. Patent Nos. 4,818,690 and 5,015,583
as translations of EP 198321 because the U.S. patents claim foreign priority to the same German patent application as in
EP 198321. This is a false presumption. Unless there is evidence of record that the U.S. patents and the European
patents are identical, and there is none in this case, we will not presume that the U.S. patents are translations of the
European patent. If the examiner intended to rely on the disclosures of the U.S. patents, then she should have the U.S.
patents, and not the European patent, in making her rejection.
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