Appeal No. 1997-1093
Application No. 08/272,281
Further, the claimed "ability to function" refers "in particular [to a fibrinogen solution]
without significant change in consistency and coagulation properties" (specification, page
1, lines 5-7). Kotitschke, however, suggests that additional method steps, i.e., at least
dialysis or ultrafiltration of the fibrinogen solution, is required to obtain a coagulation-active
fibrinogen (see e.g., col. 5, lines 50-56).
4 5
Nothing in Mathews or Rose makes up for these deficiencies in Kotitschke.
According to the examiner, "Mathews was only cited to show that another member of the
Markush group, aluminum hydroxide, is known to adsorb fibrinogen" (answer, page 12,
lines 14-15) and "whether Rose's fibrinogen component is identical to that claimed is not
the issue. It would have been obvious to use any fibrinogen in a fibrin glue since it is a well
known critical ingredient" (answer, page 14, lines 13-15).
Thus, we find the examiner has not carried her burden of establishing a prima facie
case of obviousness.
Accordingly, the rejections of claims 1-3, 5, and 7-14 under 35 U.S.C. § 103 as
being unpatentable over Kotitschke, Mathews and Rose are reversed.
4Mathews purifies proteins by column chromatography in the presence of various sugars,
polyhydric alcohols, amino acids and salts ("hydration additives") to enhance selective binding of proteins
to an ionic chromatography column and selective elution of proteins from a hydrophobic affinity column (col.
4, line 65 - col. 5, line 28).
5Rose describes preparation of a fibrin glue from a cryoprecipitated suspension containing
fibrinogen and Factor XIII by adding a sufficient amount of thrombin so as to cause the fibrinogen in the
suspension to be converted to fibrin glue which then solidifies in the form of a gel (see e.g., paragraph
bridging cols. 4-5).
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