Appeal No. 2006-0565 Page 3
Application No. 10/033,777
Roemisch JP or Römisch EP7 are relied upon for teaching that a protease
that activates blood coagulation factor VII may be stabilized using sodium citrate.
See Examiner’s Answer, page 4.
Sato is cited for teaching “that tranexamic acid is stabilized using CMC
and carragennan [sic] (example 4) and also shows using a protease with it (col.
3, lines 6-23).” Id.
Roy and Kessler are cited by the examiner for teaching that ingredients
such as detergents, sugar and amino acids “are known in the art to stabilize
compositions such as the claimed invention.” Id. at 5.
Thus, according to the examiner, “since the components are used
individually in the art for the same purpose to stabilize a composition, then it
would have been obvious to use them together to produce a stabilized
composition.” Id.
Appellants argue that while Sato teaches the use of tranexamic acid in an
oral composition for periodontosis prophylaxis, the reference does not teach or
suggest its use with a protease capable of activating blood coagulation factor VII
or its proenzyme. See Appeal Brief, page 11. In fact, according to appellants,
Sato teaches that oral compositions containing tranexamic acid are unstable, and
thus it is unclear how it is combined with Roemisch JP or Römisch EP. See id.
We agree, and the rejection is reversed.
7 Römisch EP appears to be an English language equivalent of Römisch JP, thus we have
focused our review on that reference, as both references are relied upon for the same teaching.
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