Ex parte BAUGH et al. - Page 5


                 Appeal No.  2000-1906                                                                                  
                 Application No. 09/063,338                                                                             

                                                      Discussion                                                        
                        The claims are directed to various permutations of the basic method                             
                 described above.  For example, claim 1 is directed to a method in which the                            
                 platelet-rich plasma fraction is divided and one portion is treated so as to activate                  
                 the enzymatic clotting factors present in it, then the clot is removed and the                         
                 activated clotting factors are combined with the rest of the platelet-rich plasma                      
                 fraction.  Claim 29 is directed to the same method, but using the platelet-poor                        
                 plasma fraction instead.  In claim 17, the platelet-rich plasma fraction is activated,                 
                 then mixed with the platelet-poor plasma fraction.  In claim 42, the platelet-poor                     
                 plasma fraction is activated, then mixed with the platelet-rich plasma fraction.                       
                 The method of claim 53 is similar to that of claim 1 but requires use of                               
                 recombinant thromboplastin.                                                                            
                        Even though the claims are directed to several different methods, the                           
                 examiner treated them as defining a single invention.                                                  
                        The claims are drawn to methods of producing autologous                                         
                        bioadhesive sealants from a single whole blood sample where                                     
                        inactive platelet rich plasma (iPRP) is obtained from whole blood.                              
                        This iPRP is divided into two portions.  The first portion is                                   
                        “reactivated”, or in fact activated, since it was never activated, i.e.,                        
                        had its clotting cascade enzymes activated.  Upon activation, the                               
                        iPRP sample clots.  From this clotted composition, the serum is                                 
                        obtained, which contains activated clotting enzymes such as                                     
                        thrombin, and this serum is mixed with the second iPRP portion.                                 
                        This combination now forms the sealant.                                                         
                 Examiner’s Answer, page 5.  The examiner’s summary of the claimed                                      
                 method does not acknowledge the differences in the methods defined by,                                 
                 e.g., claims 17, 29, and 42.                                                                           


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