Ex parte SHIMAZAKI et al. - Page 6




          Appeal No. 1997-0472                                                        
          Application No. 08/259,152                                                  


          However, as noted by the examiner, the reason that D'H forms                
          an aqueous solution of a plasminogen activator and an anionic               
          polymer is not germane to the patentability of the claimed                  
          composition.                                                                
               We note that one of the present inventors, Yukio                       
          Shimazaki, filed a declaration under Rule 132 on June 13,                   
          1994.  However, since appellants' brief makes no reference to               
          the declaration and bases no argument thereon, we have                      
          assigned no probative value to                                              




          the Declaration in reaching our conclusion of obviousness for               
          the claimed subject matter.                                                 
               One final point remains.  Since we find that D'H                       
          discloses an aqueous solution comprising appellants' t-PA and               
          anionic polymer, we invite the examiner to reconsider the                   
          allowability of claim 31 which is drawn to a method of                      
          increasing the solubility of t-PA in aqueous solution by                    
          adding an anionic polymer to the solution.  It would seem that              
          D'H describes or, at least, renders obvious the claimed method              
          of adding an anionic polymer to an aqueous solution of t-PA,                
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