Appeal No. 2000-0827
Application 08/466,104
protein-containing contrast agent discussed in the Hilpert
Chapter. Thus, Appellant's position appears to be that the EPO
paragraph describes a human protein solution which contains
microbubbles that are encapsulated in shells of human protein.
Apparently referring to the contents of the EPO application
rather than to Appellant's description of that application in the
EPO paragraph, the examiner asserts: "Appellant's specification
does not really describe a solution of human protein and
microbubbles, except as an intermediate" (Answer at 7, ll. 12-
13), because "prior to formation of the final product (as set
forth in the cited European application 0,324,938), the
microbubbles are separated from the denatured protein that did
not form around a microbubble." Id. at 7 n.7. These assertions
appear to be inconsistent with the following passage in the EPO
application, which calls for removal of no more than a major
portion of the clarified albumin solution:
Beneath the collected layer [of microspheres], the
clarified albumin solution will be substantially free
of microspheres. It is therefore possible to drain off
a major portion of the solution through the bottom
outlet. For example, one-half to three-fourths of the
solution can be removed. However, it is desirable to
retain a sufficient solution volume to permit full
redispersion of the concentrated microspheres.
EPO application at 5, ll. 19-23. Furthermore, we note that the
EPO application also discusses prior-art albumin contrast agents
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