Ex Parte Metzner et al - Page 2


             Appeal No. 2005-0192                                                          Page 2              
             Application No. 09/809,021                                                                        

                   The examiner relies on the following references:                                            
             Altshuler                      4,363,319                       Dec. 14, 1982                    
             Hanada et al. (Hanada)          5,945,103                       Aug. 31, 1999                    
                   Lorne et al. (Lorne), “Transfusion Technology : Purification of Human Thrombin              
             by Affinity Chromatography For Its Use in Biological Glue Preparations,” Rev. Fr.                 
             Transfus. Hemobiol., Vol. 32, pp. 391- 400 (1989)                                                 
                   Allary et al. (Allary), “Isolation by Affinity Chromatography, on Silica Support, of        
             Human Thrombin for Its Use in Biological Glue Preparations,” Annales                              
             Pharmaceutiques Francaises, Vol. 48, No. 3, pp. 129-135 (1990)                                    
                   Brezniak et al. (Brezniak), “High Stability of Dilute Human α-thrombin in Salt              
             Solutions,” Blood Coagulation and Fibrinolysis, Vol. 5, pp. 847-848 (1994)                        
                                                                                                              
                   Claims 18, 35, and 37 stand rejected under 35 U.S.C. § 102(b) as anticipated by             
             either Allary or Lorne.                                                                           
                   Claims 18, 19, and 35-38 stand rejected under 35 U.S.C. § 103 as obvious in                 
             view of either Allary or Lorne, combined with Hanada, Brezniak, and Altshuler.                    
                   We affirm.                                                                                  
                                                 Background                                                    
                   “Since it became possible to produce thrombin commercially, several                         
             applications thereof have emerged.  The main applications . . . are, besides diagnostic           
             purposes, the use as a local hemostatic or as a component of a tissue glue together               
             with a fibr[in]ogen-containing component.”  Specification, paragraph [0002].1                     
                   “For formulation of the thrombin preparation as a component, which is stable and            
             storable in the liquid and, where appropriate, also in the frozen state, for use in a tissue      
             glue or on its own as a local hemostatic, a buffer should be used to adjust to a pH of            








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