Appeal No. 1997-0472
Application No. 08/259,152
Applicants have now found that the activity of plasminogen
activators and particularly the plasminogen activator prepared
by the process claimed is (sic: in) U.S. Serial No. 529,147
[U.S. Patent No. 3,998,947], may be powerfully potentiated by
combining it with a polysaccharide sulphate."
From this reference disclosure it is clear to us that the
plasminogen activator described by D'H is a "novel" one and
not urokinase. Furthermore, our review of U.S. Patent No.
3,998,947 reveals that the activator described in the '947
patent is a "tissular, endocellular plasminogen activator
extracted from the organs of animals" (column 1, lines 19-21).
Hence, from our perspective, the conclusion is inescapable
that the plasminogen activator of D'H is of the tissue-type
and, therefore, not distinguishable from the presently claimed
t-PA.
Appellants also maintain that "in D'H polysaccharide
sulphate is added for the purpose of precipitating urokinase,
not for dissolving urokinase" and "the objective of D'H is to
improve the activity of urokinase" (page 5 of brief).
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