Appeal No. 2003-0528 Page 13
Application No. 09/314,841
§ 103 as being unpatentable over Brucato in view of Butler, Schwinn and
Prestrelski with or without Brown.
Brucato in view of Butler, Schwinn and Hora with or without Brown:
Brucato, Butler, Brown and Schwinn are relied upon as set forth above.
The examiner recognizes, however, that Brucato, Butler, Brown and Schwinn do
not teach an aldehyde free polymeric carbohydrate, specifically gamma
cyclodextrin. Answer, page 13. To make up for this deficiency the examiner
relies on Hora. According to the examiner (id.), Hora teach “alpha, beta, or
gamma cyclodextrins, and derivatives, can be used to stabilize both liquid and
dried polypeptide formulations … and to protect against enzymatic hydrolysis….”
As discussed, supra, the examiner has not provided the evidence
necessary to demonstrate that the Brucato, Butler, or Brown prothrombin
reagents could be modified in a manner that would retain shelf life as disclosed
by Butler. In our opinion, Hora fails to make up for the deficiency in Brucato,
Butler and Schwinn, with or without Brown. Therefore, we reverse the rejection
of claims 14, 15, 27, 28, 46 and 47 under 35 U.S.C. § 103 as being unpatentable
over Brucato in view of Butler, Schwinn and Hora with or without Brown.
Brown in view of Brucato, Butler, Schwinn, Prestrelski and Mimms:
Brucato, Butler, Brown, Schwinn and Prestrelski are relied upon as set
forth above. According to the examiner (Answer, page 14), the combination of
Brucato, Butler, Brown, Schwinn and Prestrelski “do not teach multiple dialysis
steps or dialysis against a buffer comprising serine.” Therefore, the examiner
relies upon Mimms. According to the examiner (id.), Mimms teach “dialysis of
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007