Appeal No. 1997-0875
Application No. 07/998,128
combining these compositions flows logically from their having been
individually taught in the prior art. In re Kerkhoven, 626 F.2d 846, 205 USPQ
1069 (CCPA 1980). [Answer, p. 10, last para.]
In our opinion, there are two flaws in the examiner's analysis. First, while the
components of the prior art may superficially appear "to be used for the exact same
purpose" in the art of wound healing and tissue repair, a more careful scrutiny of the prior
art fairly suggests otherwise. The compositions of Schwarz, Zimmerman and Rose are
formulated to form fibrin at a predetermined later time in response to addition of thrombin
and calcium ions, while the compositions of (a) Mann, (b) Sundsmo and (c) Senior are
aimed (a) at induction of plasminogen activators, loss of anchorage dependence,
mitogenesis; (b) re-epitheliazation, fibroplasia, granulation tissue deposition,
vascularization, new host collagen synthesis; (c) and fibroblast chemotaxis upon
application. Secondly, as pointed out by appellant (brief, pp. 3-6), the compositions of
Mann and Sundsmo contain components which would destroy the intended utility of
appellant's claimed composition and of the compositions disclosed by Schwarz, Rose and
Zimmerman. These latter compositions all contain fibrinogen which is to be converted to
fibrin to seal a wound at a predetermined time and place by application of a second
reagent comprising thrombin. Heparin (Sundsmo) interferes with fibrin formation, while
induction of plasminogen activators (Mann) degrades fibrin.
- 6 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007