Appeal No. 2001-1730 Page 2
Application No. 08/603,182
such that a majority of polymers formed have at least 3 monomer units,
said conditions including a molar excess of cross-linking agent relative to
said monomers, and an absence of carrier protein.
The references relied upon by the examiner are:
Schlaeppi et al. (‘443) EP 0,380,443 Aug. 1, 1990
Man et al. (Man), ”Treatment of Human Muscle Creatine Kinase with
Gluteraldehyde Preferentially Increases the Immunogenicity of the Native
Conformation and Permits Production of High-Affinity Monoclonal Antibodies
which Recognize Two Distinct Surface Epitopes,” J. Immunological Methods, Vol.
125, pp. 251-259 (1989)
Maurer et. al. (Maurer), “Proteins and Polypeptide as Antigens,” Methods in
Enzymology, Vol. 70, pp. 49-70 (1980)
Schlaeppi J. (Schlaeppi), “Preparation of Monoclonal Antibodies to the
Thrombin/Hirudin Complex,” Thrombosis Research, Vol. 62, No. 5, pp. 459-470
(1991)
Spinner et al. (Spinner), “Quantitative Enzyme-Linked Immunosorbant Assay
(ELISA) for Hirudin,” J. Immunological Methods, Vol 87, pp. 77-83 (1986)
GROUNDS OF REJECTION
Claims 22-26 stand rejected under 35 U.S.C. § 103 as being unpatentable
over ‘443 in view of Maurer and Man. Claims 22-26 stand rejected under 35
U.S.C. § 103 as being unpatentable over Schlaeppi in view of Maurer and Man.
Claims 22-26 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Spinner in view of Maurer and Man.
We reverse.
DISCUSSION
As set forth in In re Vaeck, 947 F.2d 488, 493, 20 USPQ2d 1438, 1442
(Fed. Cir. 1991), to establish a prima facie case of obviousness, there must be
both some suggestion or motivation to modify the references or combine
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