Ex parte LA DUCA - Page 2




              Appeal No. 1996-1811                                                                                       
              Application No. 08/169,968                                                                                 


                     The references relied on by the examiner are:                                                       
                                        2                                                                                
                     Naoi (JP 58-1460)                          58-1460              Jan. 06, 1983                       
                            (Japanese Kokai)                                                                             
                                                 3                                                                       
                     Sawai et al. (JP 61-53567)                 61-53567             Mar. 17, 1986                       
                            (Japanese Kokai)                                                                             
                     Lewis et al. (Lewis), “Antithrombin Pittsburgh: An " -Antitrypsin Variant Causing                   
                                                                          1                                              
              Hemorrhagic Disease,” 51 Blood 1, 129-137 (January 1978).                                                  
                     Claims 1-24 stand rejected under 35 U.S.C. § 103 as being unpatentable over JP                      
              58-1460 in combination with Lewis and JP 61-53567.  We REVERSE.                                            
                     In reaching our decision in this appeal we have given careful consideration to the                  
              appellant’s specification and claims and to the respective positions articulated by the                    
              appellant and the examiner.  We make reference to the examiner’s answer (Paper No. 22,                     
              mailed June 6, 1995) for the examiner’s reasoning in support of the rejection and to the                   
              appellant’s brief (Paper No. 21, filed March 27, 1995) and to appellant’s reply brief (Paper               
              No. 23, filed June 26, 1995) for the appellant’s arguments thereagainst.                                   
                     The claimed invention is directed to a reagent for rapidly clotting blood to produce a              
              serum wherein the reagent does not alter the blood chemistry values in the resultant serum.                
              The reagent comprises three compounds, i.e., thrombin, snake venom  and a heparin                          


                     2 We refer in our opinion to the translation of JP 58-1460 prepared for the PTO by The Ralph        
              McElroy Translation Company in July 1993, a copy of which is attached to this decision.                    
                     3We refer in our opinion to the translation of JP 61-53567 prepared for the PTO by FLS, Inc. In April
              1996, a copy of which is attached to this decision.                                                        
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