Appeal No. 2003-0528 Page 6
Application No. 09/314,841
reagent disclosed by Butler.1 The examiner, however, blurs this distinction
finding (Answer, page 5), both Brucato and Butler teach a liquid reagent
comprising thromboplastin, “PEG, calcium gluconate, a propionate salt, BSA,
and antimicrobial agents….” We find no reference to calcium gluconate in
Brucato, and the examiner failed to identify where calcium gluconate is taught in
Brucato.
The examiner also failed to appreciate that while Brucato teaches the
presence of glycine in the liquid thromboplastin formulation Butler does not. Cf.
Brucato, (page 14, line 5) with Butler, (Table 2). To the contrary, Butler’s only
mention of glycine is in regard to what can at best be read as an optional further
processing step in the extraction of thromboplastin from tissues, and then only
with a note of caution. According to Butler (column 2, lines 2-5), “[t]his
[thromboplastin] extract can be further processed. For example, calcium lactate,
glycine, carboxymethylcellulose and imidazole can be added to the
thromboplastin extract. Each additive has an effect on the sensitivity of the
reagent.”
Notwithstanding the differences between Brucato and Butler discussed
above, the examiner further blurs the distinction between Brucato and Butler by
relying on Brown (a reference that is not part of this ground of rejection).
1 According to the examiner (Answer, page 4), Brucato disclose a reagent comprising “rabbit rTF
and synthetic phospholipids in a formulation buffer comprising glycine, BSA, PEG, calcium
chloride, propionic acid, and antimicrobial agents. In contrast, the examiner finds (id.) Butler
discloses “liquid prothrombin reagents comprising rabbit thromboplastin …, calcium gluconate,
BSA, a propionic salt, sodium chloride, and antimicrobials….”
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