Appeal No. 1999-0161
Application 08/441,567
50 that the phospholipid and detergent Ais capable of interfering with the
anticoagulant effect of heparin, anti-Factor antibodies, and factor deficiencies,@ is
incorrect. The claim should read that the phospholipid and detergent are not
capable of interfering with the anticoagulant effect of
heparin, anti-Factor antibodies, and factor deficiencies. Upon
return of the application to the examiner, rectification of this error should be made.
We note the appellants have submitted an incomplete copy of the claims in the
Brief, and the Examiner has not provided a clean copy of the claims for our review (claim
70). In addition, we note the Information Disclosure Statement filed April 30, 1992 has not
been properly acknowledged by the examiner. Although an additional and overlapping
Information Disclosure Statement was filed August 1, 1994, they did not completely overlap
and thus some of the earlier filed references were not properly acknowledged by the
examiner. Upon return of the application to the examiner, proper processing of the
Information Disclosure Statement of April 30, 1992 is encouraged.
CONCLUSION
The rejection of Claims 14-20 and 50-60 are rejected under 35 U.S.C. ' 103 as
unpatentable for obviousness over Janoff in view of Madden is reversed. The rejection of
Claims 61-70 are rejected under 35 U.S.C. ' 103 as unpatentable for obviousness over
Janoff in view of Madden and Huang is reversed. The rejection of Claims 14-20 and 50-
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