Ex parte JANOFF et al. - Page 5




              Appeal No. 1999-0161                                                                                            
              Application 08/441,567                                                                                          


              page 5, paragraph 2.   The phospholipid remains in solution at a temperature of 25/C for at                     
              least one hour.                                                                                                 
                      The claimed invention (claims 14 and 61) employs a lupus compatible detergent                           
              defined by appellants as 1) inhibiting lupus anticoagulant specifically; and                                    
              2) which does not interfere with the anticoagulation effects of heparin, anti-Factor                            
              antibodies, and factor deficiencies.  Specification, page 5.                                                    
              Grounds for Rejection                                                                                           
              1.   Claims 14-20 and 50-60 are rejected under 35 U.S.C. ' 103 as unpatentable for                              

              obviousness over Janoff in view of Madden.                                                                      
              2.   Claims 61-70 are rejected under 35 U.S.C. ' 103 as unpatentable for obviousness                            

              over Janoff in view of Madden and Huang.                                                                        
              3.    Claims 14-20 and 50-70 are rejected under 35 U.S.C. ' 112, second paragraph, for                          

              failing to particularly point out and distinctly claim the subject matter which appellant                       
              regards as the invention.                                                                                       


              35 U.S.C. ' 103                                                                                                 

                      Claims 14-20 and 50-60 are rejected under 35 U.S.C. ' 103 as unpatentable for                           

              obviousness over Janoff in view of Madden.                                                                      




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