Appeal No. 1997-0875
Application No. 07/998,128
Having concluded that the examiner has not established a prima facie case of
obviousness, we do not reach appellant's rebuttal based on Knighton (brief, p. 7).
OTHER ISSUES
3
According to Brinkous , platelet clotting factor 5 (PF-5) is fibrinogen (Table 26.2, p.
397). It is unclear whether this fibrinogen is the same as the fibrinogen in plasma, e.g.,
whether PF-5 is plasma fibrinogen adsorbed onto a platelet's surface. Upon return of this
application to the examiner, the examiner should determine whether a composition
comprising "tissue repair promoting substances isolated from platelets" and "the tissue
repair promoting substances isolated from plasma including at least fibrinogen, the
composition being substantially free of fibrin" reads on a substantially fibrin free
composition including at least plasma fibrinogen and reassess the patentability of claim 55
in light of this determination.
3Brinkhous et al., "The Platelet in Perspective" in the International Academy of Pathology
Monograph THE PLATELET by 40 authors, pp. 387-408 (Brinkous et al., eds., The Williams & Wilkins
Company, Baltimore, 1971) was originally submitted as an attachment to the amendment filed March 2,
1994 (Paper No. 11).
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