Appeal No. 2000-0827
Application 08/466,104
Third Hilpert Declaration at ¶ 6(4), albeit without noting the
reference to Albunex in Appellant's specification. Appellant
contends, and the examiner apparently agrees, that these Albunex
microspheres, which Appellant characterizes as "microspheres
containing microbubbles" (Brief at 13, ll. 10-11), constitute one
of the "existing techniques" that can be used to practice
Appellant's invention.
The second relevant passage, which does employ the term
"human protein," is the last paragraph (hereinafter "the EPO
paragraph") in the following text, which appears in the
"BACKGROUND" portion of the specification ( id. at 1-20) under the
heading "The Materials Presently Used as Contrast-Enhancing
Agents" (id. at 13), subheading "C. MICROBUBBLES" ( id. at 16):
[C]ognizant of the advantages to be gained by use of
microbubbles as contrast-enhancing agents by virtue of
their large scattering cross-section, considerable
attention has been focused on developing mixtures
containing microbubbles that are rendered stable in
solution. Enhancing the stability of gas microbubbles
may be accomplished by a number of techniques.
Each of the following techniques essentially
involves suspending a collection of microbubbles in a
substrate in which a bubble of ordinary gas is more
stable than in the bloodstream.
In one approach, microbubbles are created in
viscous liquids that are injected or infused into the
body while the ultrasound diagnosis is in progress.
The theory behind the use of viscous fluids involves an
attempt to reduce the rate at which the gas dissolves
into the liquid and, in so doing, provide a more stable
chemical environment for the bubbles so that their
lifetime is extended.
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