Ex Parte STEINEMANN et al - Page 2




             Appeal No. 2002-0869                                                                                
             Application No. 08/580,384                                                                          
                   The prior art references relied upon by the examiner are:                                     
             Galin                            4,240,163                        Dec. 23, 1980                     
             Bang et al. (Bang)               5,151,268                        Sept. 29,1992                     
             Esmon et al. (Esmon)             5,147,638                        Sept. 15, 1992                    
             Stocker et al. (Stocker)         4,489,403                        July  18, 1989                    
             Iverson, D.A., “Inhibition of Intraocular Fibrin Formation Following Infusion of Low-               
             Molecular Weight Heparin During Vitrectomy,” Arch. Ophthamol., Vol. 109, pp. 405-409                
             (1991)                                                                                              

             Grounds of Rejection                                                                                
                   Claims 22-27 stand rejected under 35 U.S.C. § 103(a) as obvious over Galin or                 
             Iverson in view of Bang and Esmon.                                                                  
                   Claims 28-29 stand rejected under 35 U.S.C. § 103(a) as obvious over Galin or                 
             Iverson in view of Bang and Esmon in further view of Stocker.                                       
                   We vacate these rejections and remand the application to the examiner for action              
             consistent with the discussion herein.                                                              


                                                 DISCUSSION                                                      
                   Our consideration of the record leads us to conclude that this case is not in                 
             condition for a decision on appeal.  Accordingly, we remand the application to the                  
             examiner to consider the following issues and take appropriate action.                              
                   In making our determination of the course of action in the present appeal we                  
             have taken into consideration the appeal in copending Serial No. 08/696,698 (Appeal                 
             No. 2001-1685, attached).   As a consequence of our review, we make the                             
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