Appeal No. 2003-0528 Page 3
Application No. 09/314,841
Claim 30 stands rejected under 35 U.S.C. § 103 as being unpatentable
over Brown in view of Brucato, Butler, Schwinn, Prestrelski and Mimms.
We reverse.
DISCUSSION
Brucato in view of Butler and Schwinn:
According to the examiner (Answer, page 4), Brucato disclose “a reagent
and method of measuring prothrombin time by mixing the reagent with plasma
(blood) wherein the reagent comprises rabbit rTF [(recombinant Tissue Factor)]
… in a formulation buffer comprising glycine (an amino acid stabilizer/chelating
agent), BSA (carrier protein), PEG (humectant), calcium chloride, propionic acid,
and antimicrobial agents….” The examiner recognizes, however, that Brucato
does not teach a “beta, delta, or gamma amino acid stabilizer.” Id. The
examiner relies on Schwinn to make up for this deficiency in Brucato. According
to the examiner (id.), Schwinn disclose “that glycine, beta-alanine, and GABA
can be used as stabilizers for proteins, specifically coagulation factors….” The
examiner relies on Butler to teach “that liquid prothrombin reagents comprising
rabbit thromboplastin (also called tissue factor), calcium gluconate, BSA, a
propionic salt, sodium chloride, and antimicrobials are stable for at least 14 days
(2 weeks) and up to 20 months….” Id.
Based on this evidence the examiner concludes (Answer, bridging
paragraph, pages 4-5):
It would have been [prima facie] obvious to one of ordinary skill in
the art at the time of the invention to formulate the liquid
prothrombin reagent of B[rucato] to be stable for at least 2 weeks,
as taught by B[utler], where the motivation would have been make
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