Ex parte HEIMBURGER et al. - Page 9




              Appeal No. 1997-3501                                                                                         
              Application No. 08/253,232                                                                                   



              sugars such as sucrose and erythritol, respectively, to name representative examples.                        
              Then the mixture is heated at a temperature of about 60-75EC and at a pH of about 5.5-8.0                    
              for at least about 10 hours.”  Mitra, column 7, lines 51-66.  Mitra does not teach isolation,                
              purification or pasteurization of vWF.                                                                       
                     At page 47, Scopes indicates that the salting out of proteins follows the Hofmeister                  
                                        -                                                                                  
              series, which includes Cl .  Wang is relied on for the disclosure of generalized stabilization               
              procedures for protein preparations with albumin, amino acids, and salts, including                          
              calcium ions.  Examiner’s Answer, page 5.  Harris indicates that proteins have a unique                      
              set of properties which may be exploited in a purification protocol.  Examiner’s Answer,                     
              page 6.                                                                                                      
                     In rejecting claims under 35 U.S.C.  103, the examiner bears the initial burden of                   
              presenting a prima facie case of obviousness.  See In re Rijckaert, 9 F.3d 1531, 1532, 28                    
              USPQ2d 1955, 1956 (Fed. Cir. 1993).  Rejection of claimed subject matter as obvious                          
              under 35 U.S.C.  103 in view of a combination of prior art references requires                              
              consideration of whether the prior art, taken as a whole, would have suggested to those of                   
              ordinary skill in art that they should make the claimed composition or device, or carry out                  
              the claimed process, and whether prior art would, also, have revealed that such person                       
              would have had a reasonable expectation of success; both the suggestion and reasonable                       



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