Ex parte BECKER et al. - Page 3




          Appeal No. 95-1293                                                          
          Application 07/727,387                                                      


                    the animal from which the body fluid is taken.                    
                    [emphasis added]                                                  
               The references relied on by the examiner are:                          
          Tom et al. (Tom)    4,366,241                Dec. 28, 1982                  


          Chem. Abst., Vol. 104, No. 3, 17365m, January 20, 1986, of                  
          Scheefers-Borchel, et al., "Determination of fibrin with                    
          fibrin-specific antibodies", Eur. Pat. Appl. EP 152,612,                    
          published August 28, 1985.  (Scheefers-Borchel)                             
          Stemberger, et al., "Determination of Soluble Fibrin Monomer                
          Complexes by Adsorption on Immobilized Fibrinogen", Thrombos.               
          Haemostas. (Stuttg.), Vol. 39, pp. 574-581 (1978).                          
          (Stemberger)                                                                
               Respecting Scheefers-Borchel, the examiner does not rely               
          on European Patent Application 152,612 in its entirety.                     
          Rather, the examiner makes clear that she relies on the                     
          abstract of the European Patent Application (Examiner's                     
          Answer, Paper No. 21, pages 2 and 3).  Appellants also refer                
          to the abstract in their appeal brief, Paper No. 19, page 2.                
          Likewise, we have limited our review to the above-cited                     
          published abstract, not European Patent Application 152,612.                
               The previously entered rejection of claims 11, 12, 13, 15              
          and 16 under 35 USC § 103 as unpatentable over Scheefers-                   
          Borchel in view of Stemberger and, "if necessary", further in               

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