Ex parte SHIMAZAKI et al. - Page 7




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


          regardless of whether the reference teaches that such method                
          increases the solubility of t-PA.  For the proposition that                 
          the introductory claim language "[a] method for increasing the              
          solubility of t-PA" does not serve to patentably distinguish                
          the claimed method from the prior art method of formulating an              
          aqueous solution, the examiner is invited to review the                     
          analysis articulated in In re Tomlinson, 363 F.2d 928, 934,                 
          150 USPQ 623, 628 (CCPA 1966).                                              
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is affirmed.                         





               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      AFFIRMED                                        




                    EDWARD C. KIMLIN                   )                              
                    Administrative Patent Judge        )                              
                                                  )                                   
                                          7                                           





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