Appeal No. 2001-1524 Page 2
Application No. 08/615,058
The references relied upon by the examiner are:
Tye 4,529,719 Jul. 16, 1985
Fischer et al. (Fischer) 5,428,007 Jun. 27, 1995
Kramer et al. (Kramer) 5,443,848 Aug. 22, 1995
Nguyen et al. (Nguyen), “Current Treatment of Severely Burned Patients,”
Annals of Surgery, Vol. 223, No. 1, pp. 14-25 (1996)
The references relied upon by appellants are:
Przybelski 5,334,706 Aug. 2, 1994
Sharma et al. (Sharma), “Regional Circulatory and Systemic Hemodynamic
Effects of Diaspirin Cross-linked Hemoglobin in the Rat,” Art. Cells, Blood Subs.,
and Immob. Biotech., Vol. 22, No. 3, pp. 593-602 (1994)
GROUNDS OF REJECTION
Claims 6, 7 and 9 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Kramer in view of Fischer.
Claims 6-8 and 10 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Kramer in view of Fischer, further in view of Nguyen.
Claims 11 and 12 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Kramer in view of Fischer and Tye.
Claims 11-14 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Kramer in view of Fischer and Tye, further in view of Nguyen.
We reverse.
DISCUSSION
According to the examiner (Answer, page 3), “Kramer teaches a method
of overcoming circulatory shock due inter alia to burns characterized by
increasing cardiac output….” The examiner finds (id.), “[a] ‘particularly useful’
embodiment of the method of Kramer is the inclusion of stroma-free hemoglobin,
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