Appeal No. 2006-1335 Page 2
Application No. 09/888,734
The references relied upon by the examiner are:
Bhattacharva et al. (Bhattacharva) 5,288,853 Feb. 22, 1994
Livesey et al. (Livesey) 5,364,756 Nov. 15, 1994
Curtis et al. (Curtis) 5,824,780 Oct. 20, 1998
GROUND OF REJECTION
Claims 14-16 are rejected under 35 U.S.C. § 103(a) as being
unpatentable over the combination of Curtis and Livesey.
Claims 14-16 and 20-22 are rejected under 35 U.S.C. § 103(a) as being
unpatentable over the combination of Curtis, Livesey and Bhattacharva.
We reverse.
DISCUSSION
The combination of Curtis , and Livesey:
According to the examiner (Answer, page 3), Curtis describes a process of
producing a stabilized preparation of activated Factor VIII1 that is free of albumin.
In this regard, the examiner finds that Curtis teaches the use of trehalose, as an
alternative to albumin, to stabilize the activated Factor VIII in the preparation. Id.
The examiner also finds, that Curtis teaches that the preparation of stabilized
activated Factor VIII can be lyophilized for storage. Answer, bridging paragraph,
pages 3-4. The examiner recognizes, however, that Curtis differs from
appellant’s claimed invention “by failing to describe the lyophilization of native
Factor VIII.” Answer, page 4.
1 Curtis discloses the use of Factor VIII obtained from human plasma or from recombinant
sources. Column 2, lines 55-63.
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