Appeal No. 2003-0528 Page 5
Application No. 09/314,841
reagent has a shelf life, in the unopened final container, of at least 16 months
and once opened, of at least 10 days.” Butler, (column 2, lines 38-42). Butler
also discloses the effect of each component of the liquid thromboplastin reagent.
See (column 5, line 32, to column 9, line 3). For example, Butler disclose
(column 5, lines 41-43), “[t]he level of calcium has a minor role in the yield
obtained, but has a dramatic effect on the normal range and the sensitivity of the
resulting thromboplastin. Calcium gluconate provides the necessary calcium for
the coagulation cascade that results in the formation of a clot.” Butler’s Table 2
(column 9) sets forth the preferred final concentrations of all thromboplastin
reagent components. According to Butler (column 9, lines 35-40), “[a]s shown in
Table 2, the components of the final formulation are calcium gluconate, sodium
citrate, sodium chloride, PEG-1450, bovine serum albumin, sodium propionate
and RBAP [rabbit brain acetone powder, the thromboplastin source] extract …
[and] a combination of four antimicrobial compounds.”
Recognizing that Butler discloses that the sensitivity of a thromboplastin
reagent rests on a number of factors including final reagent composition, and
that Butler’s “reagent” has a shelf life of at least 16 months, we note that the
examiner appreciates (Answer, page 4), that Brucato’s reagent differs from the
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