Ex Parte Metzner et al - Page 4


                Appeal No. 2005-0192                                                                                 Page 4                    
                Application No. 09/809,021                                                                                                     

                activity as stabilizer.”  The examiner rejected some of the claims as anticipated and all                                      
                of the claims as obvious in view of the prior art.                                                                             
                1.  Anticipation                                                                                                               
                         The examiner rejected claims 18, 35, and 37 as anticipated by either Allary or                                        
                Lorne, stating the rejection as follows:                                                                                       
                         The references each teach that thrombin is eluted off a benzamidine-                                                  
                         Sepharose column.  Thrombin and benzamidin[e] would be together in the                                                
                         eluate.  Since they elute using benzamidine in a competitive elution then a                                           
                         complex of thrombin-benzamidine as in the present claims would have                                                   
                         been formed.                                                                                                          
                Examiner’s Answer, page 4.                                                                                                     
                         We agree with the examiner that the experiments described by either Allary or                                         
                Lorne appear to result in a composition meeting all of the limitations of instant claim 18.                                    
                Since the references both seem to describe the same experimental procedures, we will                                           
                limit our discussion to Lorne.  Lorne discloses purification of thrombin by affinity                                           
                chromatography.  See pages 5-7.2  Benzamidine was immobilized on dextran-coated                                                
                silica beads (Spherodex) and placed inside a column.  Page 5.  Samples containing                                              
                thrombin were then injected into the column (id.) and the thrombin was allowed to                                              
                adsorb onto the immobilized benzamidine (page 6).  After the column was washed with                                            
                buffer to eliminate nonadsorbed proteins, the thrombin was eluted from the column                                              
                using, in one experiment, a solution comprising 15 mM benzamidine.  Page 7, lines 5-6.                                         
                                                                                                                                               
                2 Our citations to Lorne refer to the English-language translation, of record.  We note that the examiner’s                    
                statement of the rejection referred only to “Allary et al. (abstract) or Lorne et al. (abstract).”  Examiner’s                 
                Answer, page 4.  However, as Appellants noted, the examiner made of record full-text translations of the                       
                Allary and Lorne references at the time the Examiner’s Answer was mailed.  Reply Brief, page 2.  We also                       
                note that Appellants apparently had access to their own full-text translations prior to writing the Appeal                     
                Brief, since partial translations were included in the brief and Appellants offered to provide the full-text                   






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